language-barrier

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6321 Wenlasombo Ilboudo v. United States Eighth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure due-process language-barrier rule-11-colloquy sentencing-rights waiver-of-appeal Whether a defendant who speaks no English may properly be determined to have waived his right to appeal a substantively unreasonable sentence without …
23A549 Omero Nino-Guerrero v. United States Fifth Circuit 2023-12-14 Presumed Complete constitutional-access-to-courts court-appointed-counsel federal-prisoner language-barrier petition-for-certiorari pro-se-litigant Question not identified.
23-5353 Chandra Modugumudi v. United States Seventh Circuit 2023-08-15 Denied Response WaivedIFP 1st-amendment 6th-amendment constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel language-barrier plea-agreement prosecutorial-misconduct sixth-amendment-rights Relief under appeal, the jurisdiction is ready for appeal as she applied for appeal within 14 days of sentencing she was sentenced on 06-24-2022. It i…
22-6870 Victor Rodriquez Kessel v. United States Eighth Circuit 2023-02-27 Denied Response WaivedIFP constitutional-rights due-process evidentiary-issues fair-trial fourth-amendment judicial-misconduct jury-tampering language-barrier miranda-rights prosecutorial-misconduct 1. Did the unethical and arbitrary act/action of the US Attorney of passing out candy in the midst of the petitioner's trial to the empaneled jury com…
21-8173 Vincent Raymond Rios v. United States Ninth Circuit 2022-06-17 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights, for these reason…
20-8442 Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-28 Denied Response WaivedIFP access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights Whether the U.S. Court of Appeal for the 11th Circuit denied the Petitioner his Procedural Due Process Right and access to Court when it declined to g…
20-8125 Raymundo Eusebio-Noriega v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2021-05-25 Denied Response WaivedIFP court-appointed-counsel due-process effective-assistance-of-counsel evidentiary-hearing habeas-corpus language-barrier miranda-rights motion-to-suppress self-incrimination voluntariness-of-statements 1. Where petitioner was denied Court appointed counsel by the District Court of Oregon, where such petitioner denied his Due Process of law, 1. where …
20-5556 Genaro Edgar Espinosa Dorantes v. Kevin Genovese, Warden Sixth Circuit 2020-09-01 Denied IFP §2254-case civil-rights due-process equitable-tolling extradition extradition-treaty habeas-corpus language-barrier mexican-national Did the District Court Err Or Abuse Its Discretion in a § 2254 case When It Denied Equitable Tolling To A Mexican National, Unable To Speak Or Underst…
19-7194 Juan Carlos Vazquez v. South Carolina South Carolina 2020-01-07 Denied Response WaivedIFP constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea DOES THE EVIDENCE IN THE RECORD THAT PETITIONER DOES NOT UNDERSTAND ENGLISH PLAINLY SHOWS THAT ANY ADMISSION AT THE GUILTY PLEA HEARING COULD NOT RE…
19-6781 Donato Luna-Quintero v. Indiana Indiana 2019-11-29 Denied Response WaivedIFP constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign ci…
18-9242 Joel Hayden v. Maine Maine 2019-05-13 Denied Response WaivedIFP batson-challenge constitutional-rights due-process equal-protection ethnicity fourteenth-amendment jury-selection jury-selection-process language-barrier race-discrimination racial-bias racial-discrimination voir-dire "WHEN A PARTY MOVES TO STRIKE A PROSPECTIVE JUROR FOR CAUSE BECAUSE OF A 'LANGUAGE BARRIER' WHAT SORT OF RECORD MUST THE COURT MAKE IN ORDER TO ENSURE…
18-8527 Rene Rivera v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-03-25 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial foreign-born-national intellectual-disability language-barrier miller-el-v-cockrell post-conviction-counsel post-conviction-relief slack-v-mcdaniel standard-of-review Did the United States Court of Appeals for the Eleventh Circuit and the United States District Court for the Southern District of Florida apply an inc…
18-6463 Jose Gilberto Portillo v. United States District of Columbia 2018-10-26 Denied Response WaivedIFP counsel-obligations counsel-obligations-guilty-plea critical-stage due-process guilty-pleas ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper language-barrier missouri-v-frye non-english-speaker plea-bargaining plea-negotiation sixth-amendment young-defendant Whether the DC Court of Appeals' decision directly conflicts with and seriously undermines controlling authority of the Supreme Court on counsel's fun…
18-5721 Carlos Levy v. Mike Parris, Warden Sixth Circuit 2018-08-23 Denied Response WaivedIFP access-to-courts civil-rights constitutional-rights court-access diligence due-process habeas-corpus language-barrier language-barriers prisoner-rights spanish-speaking tolling To get tolling of the one-year deadline for filing a habeas corpus petition under 28 U.S.C. § 2254, a state prisoner must prove, inter alia, that he h…
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE EVIDENCE IN THE RECORD PLAINLY SHOWS IN ENGLISH THAT …