kidnapping
31 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6944 | Thomas Tso v. United States | Tenth Circuit | 2026-03-03 | Pending | IFP | child-abuse criminal-procedure due-process kidnapping sexual-abuse statute-of-limitations | A "statute of limitations reflects a legislative judgment that, after a certain time, no quantum of evidence is sufficient to convict. Stogner v. Cali… |
| 24-7224 | Devon Delehoy v. South Dakota, et al. | Eighth Circuit | 2025-05-16 | Denied | Relisted (2)IFP | actual-innocence constitutional-rights due-process habeas-corpus kidnapping procedural-default | 1. Is a person who gets into a car voluntary, held against their will? 2. Is a person who exits a car and returns without concern, held against their… |
| 24-6178 | Michael Harvel v. United States | Sixth Circuit | 2024-12-19 | Denied | IFP | civil-rights color-of-law eighth-amendment kidnapping sexual-assault statute-of-limitations | Where a state actor sexually assaults and kidnaps a fellow employee "under color of law," does 18 U.S.C. § 242 proscribe as a sentencing option the de… |
| 24A299 | Martin Gonzales v. New Mexico, et al. | New Mexico | 2024-09-27 | Presumed Complete | constitutional-interpretation criminal-convictions double-jeopardy incidental-restraint kidnapping state-law | Question not identified. | |
| 24-5452 | Dustin Sierra, aka Dustin Sierro v. United States | Eighth Circuit | 2024-09-04 | Denied | Response WaivedIFP | co-defendant criminal-procedure due-process eighth-circuit kidnapping severance | I. Whether or not the defendant's case shoul d have been severed from that of hi s co-defendant brother. II. Whether or not the government proved that… |
| 23-5515 | Carmen Saldana Meyer v. United States | Fifth Circuit | 2023-09-05 | Denied | Response WaivedIFP | criminal-procedure extraterritorial-jurisdiction federal-kidnapping-act foreign-commerce jurisdictional-basis jury-instructions kidnapping united-states unlawful-act | Whether the Federal Kidnapping Act authorizes a conviction where the foreign commerce jurisdictional basis was the defendant's travel in foreign comme… |
| 22-7154 | In Re James C. Winding | 2023-03-30 | Denied | Relisted (2)IFP | double-jeopardy due-process due-process-violation jurisdiction kidnapping sexual-battery | Question not identified. | |
| 22-7103 | George Lincoln Stanley, IV v. United States | Fourth Circuit | 2023-03-24 | Denied | Response WaivedIFP | 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence | The following questions are exceptional circumstances that warrants the exercise of the court's discretionafcyvpowers and adequate relief cannot be ob… |
| 22-6340 | Ramon Simpson v. United States | Eighth Circuit | 2022-12-19 | Denied | Response WaivedIFP | aiding-and-abetting criminal-liability custodial-interrogation death-penalty fifth-amendment jury-instructions kidnapping miranda-rights | 1. Does a conviction for aiding and abetting kidnapping resulting in death, in violation of 18 U.S.C. §§ 1201(a)(1) and 2, require proof that the aide… |
| 22-5217 | Ramell Markus v. United States | Second Circuit | 2022-07-28 | Denied | Response WaivedIFP | circuit-court-split circuit-split criminal-sentencing extreme-physical-pain kidnapping objective-standard sentencing-guidelines serious-bodily-injury subjective-vs-objective | Like other Sentencing Guidelines provisions involving violence, the Guidelines for kidnapping offenses (USSG §2A4.1) enhance a defendant's sentence wh… |
| 21-7749 | Samba Sarr v. Brian Cook, Warden | Sixth Circuit | 2022-04-29 | Denied | IFP | criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence | I. Whether Counsel for Defendant was ineffective as trial counsel for his failure to make proper objection. II. Whether, the evidence presented was i… |
| 21-6991 | Lloyd George Kenney v. United States | Ninth Circuit | 2022-01-27 | Denied | Response WaivedIFP | armed-career-criminal-act california-penal-code-207 categorical-analysis criminal-statute divisibility force-clause implicit-threat-of-arrest kidnapping violent-felony | 1. When a state's highest court has interpreted a state criminal statute to allow for a conviction even if no physical force is used in certain circum… |
| 21-6794 | John W. Winningham, Jr. v. City of Broken Arrow, Oklahoma | Tenth Circuit | 2022-01-10 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process employment-rights federal-action federal-civil-rights-act kidnapping kidnapping-robbery property-rights robbery section-1983 | Title 42 U.S.C. Section 1983 Federal Protected Civil Rights, Liberties, Property and Employment Rights Action When did kidnapping and robbery become L… |
| 20-8361 | Josh Small and Joni Amber Johnson v. United States | Sixth Circuit | 2021-06-21 | Denied | Response WaivedIFP | commerce-clause criminal-law criminal-prosecution federal-jurisdiction interstate-commerce jurisdictional-element kidnapping kidnapping-statute statutory-interpretation | 18 U.S.C. § 1201 (the federal kidnapping statute) requires, as an element, a nexus between the kidnapping and interstate commerce, Does a purely local… |
| 20-8045 | Rickey Benson v. Tennessee, et al. | Sixth Circuit | 2021-05-17 | Denied | IFP | bodily-integrity civil-rights constitutional-violation due-process forced-medication kidnapping medical-consent physical-injury | I. Have the usDe and yscAb neglected the serioys physical injury of me ber ing forced to consumne prescribed trugs withost My cansent / Kidnapped and … |
| 20-7986 | Kevin Dunbar v. Arizona | Arizona | 2021-05-11 | Denied | IFP | attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent | Was the petitioner's aggravated sentences was in violation of due process and conflicts with the United states Supreme Court holdings in Apprendi V. N… |
| 19-8409 | Thanksnieky Phuong v. Rick Hill, Warden | Ninth Circuit | 2020-05-07 | Denied | IFP | asportation criminal-procedure due-process exculpatory-evidence factual-innocence insufficient-evidence kidnapping robbery | WHETHER THE PEOPLE SUBMITTED INSUFFICIENT EVIDENCE THAT PETITIONER COMMITTED A KIDNAPPING FOR ROBBERY, AND SINCE THE CONVICT - HERE VIOLATES PETITIONE… |
| 19-8064 | Rubin Rurie Weeks v. Stan Payne, Warden, et al. | Missouri | 2020-03-23 | Denied | Response WaivedIFP | brady-violation constitutional-rights dna-evidence due-process forcible-rape habeas-corpus kidnapping prosecutorial-misconduct void-judgment | (1) In this case the defendant factual guilt of Forcible Rape and Kidnapping has never been established in any fashion permitted by the Due Process Cl… |
| 19-7762 | Galen LeMar Amerson, et al. v. Atlas Law Firm, P.C., et al. | Colorado | 2020-02-25 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment civil-contempt civil-liberties constitutional-rights due-process hearing hearing-requirements judicial-procedure judicial-sanctions kidnapping liberty property warrantless-search | If the right to a hearing, is assured under due process, according to the 6th and 14th amendments, before a person can be deprived of life, liberty or… |
| 19-7620 | Bradley Campbell v. United States | Fourth Circuit | 2020-02-10 | Denied | Response WaivedIFP | criminal-law criminal-procedure due-process evidence evidentiary-standard federal-jurisdiction interstate-commerce judgment-of-acquittal kidnapping motion-for-acquittal motion-to-dismiss | Where there was no evidence that Petitioner used an instrumentality of interstate commerce in furtherance of a kidnapping, whether Petitioner's motion… |
| 19-6404 | Donald Lee Curtis v. Erik A. Hooks, Secretary, North Carolina Department of Public Safety | Fourth Circuit | 2019-10-29 | Denied | Response WaivedIFP | armed-robbery constitutional-rights criminal-procedure double-jeopardy due-process kidnapping statutory-conduct | whether second-degree kidnapping and Armed Robbery the Constitutional right of double Jeopardy upon Violate Convictions and Punishment for both offens… |
| 18-9757 | Shanta G. Phillips-Berry v. Patricia Blackwell Scurlock, et al. | Fifth Circuit | 2019-06-21 | Denied | Response WaivedIFP | civil-rights cruel-and-unusual-punishment due-process fraud kidnapping technology-abuse civil-procedure civil-rights constitutional-violation criminal-conspiracy cruel-and-unusual-punishment due-process human-rights implant-technology justice-system kidnapping standing | Question not identified. |
| 18-9702 | Cathrin Funk-Vaughn v. Tennessee Department of Children's Services | Tennessee | 2019-06-18 | Denied | Response WaivedIFP | agency-overreach child-custody child-jurisdiction child-removal diversion-plea document-fraud due-process evidence-suppression federal-funding first-amendment food-recall free-speech interstate-custody jurisdiction kidnapping law-enforcement parental-rights rescission unreasonable-search | [III] Douse the Department of Children Services "AGENCY "haveany legal right to e a child from the parent / legal garden well the parent / legal garde… |
| 18-8975 | Derran Smiley v. William Muniz, Warden | Ninth Circuit | 2019-04-24 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process ex-post-facto kidnapping kidnapping-enhancement one-strike-statute penal-code retroactive-statute sentencing statutory-interpretation | 1) WAS PETITIONER SMILEY WRONGFULLY CHARGED, CONVICTED AND SENTENCED WITH BREAKING A SPECIFIED STATUTE, (PC:607, GCD)), WHICH CHANGED THE LEGAL CONSEQ… |
| 18-8460 | Antonio Avilez v. Massachusetts | Massachusetts | 2019-03-19 | Denied | Response WaivedIFP | 5th-amendment civil-rights constitutional-law constitutional-violation criminal-conviction criminal-procedure due-process federal-jurisdiction fifth-amendment kidnapping petitioner-rights | Whether The Petitioner's Conviction For Kidnapping Violated The Fifth Amendment To The United States Constitution? |
| 18-7542 | Pamela Suzanne Harnden v. St. Clair County, Michigan, et al. | Sixth Circuit | 2019-01-24 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights constitutional-law criminal-law due-process implied-private-right implied-private-right-of-action kidnapping statute-of-limitations tolling | Do the 5th and 14th Amendments justify the tolling of a civil action during the course of a criminal action? As kidnapping does not have a federal st… |
| 18-7391 | Gadiel Romero v. United States | First Circuit | 2019-01-14 | Denied | Response WaivedIFP | 8th-amendment cruel-and-unusual-punishment eighth-amendment kidnapping kidnapping-offense offense-level ransom-demand sentencing-enhancement sentencing-guidelines | I. Is it proper for a sentencing court to apply the substantial 6-level increase to a defendant's offense level contemplated in Section 2A4.1(b)(1) of… |
| 18-7114 | Earle D. Williams v. California | California | 2018-12-19 | Denied | Response WaivedIFP | aggravated-kidnapping asportation constitutional-vagueness criminal-law dimaya-precedent due-process kidnapping penal-code sessions-v-dimaya statutory-interpretation vagueness vagueness-doctrine | Whether California Penal Code Section 209(b) is unconstitutionally vague under Sessions v. Dimaya, 584 U.S. ___, 138 S.Ct. 1204 (2018), as applied to … |
| 18-5438 | Ulriste Tulin v. United States | Fourth Circuit | 2018-08-02 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification | I. Is an out of court identification of a defendant unduly suggestive and unreliable when the police twice showed the victim the same distorted image … |
| 18-5427 | Monclaire Saint Louis v. United States | Fourth Circuit | 2018-08-02 | Denied | Response WaivedIFP | criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony | 1. Whether witness testimony, on more than one occasion, reveals that a rape was committed during a kidnapping, by someone other than the defendant, c… |
| 18-5408 | Norberto Serna v. California | California | 2018-07-31 | Denied | Response WaivedIFP | bodily-harm criminal-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection extortion kidnapping sentencing sentencing-disparity | I. Whether California violates the Equal Protection Clause by imposing a harsher maximum sentence on kidnapper-extortionists—who harm their victims an… |