| 25-633 |
Dennis A. George, Jr. v. United States |
Armed Forces |
2025-12-03 |
Denied |
Response Waived |
charging-document due-process fair-notice fifth-amendment legal-sufficiency sixth-amendment |
Under the Fifth Amendment right to due process and the Sixth Amendment right to fair notice, may a conviction be affirmed as legally sufficient based … |
| 25-5647 |
Kolby Reshaad Moore v. Louisiana |
Louisiana |
2025-09-16 |
Denied |
IFP |
appellate-review criminal-appeal insufficient-evidence legal-sufficiency murder-conviction reasonable-doubt |
WHETHER THE SECOND CIRCUIT COURT OF APPEALS FOR THE STATE OF LOUISIANA AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED … |
| 25-5223 |
Burte Gucci Rhodes v. United States |
Ninth Circuit |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-conviction interstate-commerce jury-instruction legal-sufficiency murder-for-hire procedural-error |
Whether a conviction for murder-for-hire can properly be affirmed when the jury was instructed that it need not conclude an interstate facility was us… |
| 25-5215 |
Otoniel Cornejo v. California |
California |
2025-07-29 |
Denied |
Response WaivedIFP |
criminal-inference evidentiary-standard firearm-ability force-application legal-sufficiency substantial-evidence |
Does the record lack substantial evidence to support an inference that petitioner had the present ability to apply force with a firearm when that fire… |
| 24-7294 |
Rustin Randall Middleton v. Louisiana |
Louisiana |
2025-05-28 |
Denied |
IFP |
criminal-appeal evidence-challenge legal-sufficiency louisiana-supreme-court sentence-review writ-application |
WHETHER THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S WRIT APPLICATION FILED ON DIRECT APPEAL AND HIS CLAIMS OF THE EVIDENCE BEING INS… |
| 24-5689 |
Joshua Paul Cox v. United States |
Fifth Circuit |
2024-10-02 |
Denied |
Response WaivedIFP |
district-court-review judicial-review jurist-standard lawyer-effectiveness legal-sufficiency sentencing-performance |
The facts underlying Mr. Cox's ineffective-assistance claim are straightforward. His lawyer failed to object to an evidentiary dearth underlying the p… |
| 24-5664 |
Christian Pabon v. United States |
Second Circuit |
2024-09-30 |
Denied |
Response WaivedIFP |
criminal-conviction due-process enterprise-membership legal-sufficiency murder-in-aid racketeering-conspiracy |
POINT 1: Whether the evidence was legally insufficient to establish that the petitioner was a member of an enterprise and whether any rational fact fi… |
| 23-7613 |
Tre' Anthony James v. Louisiana |
Louisiana |
2024-06-03 |
Denied |
IFP |
appellate-review due-process factual-sufficiency jackson-standard jackson-v-virginia law-of-the-case legal-sufficiency new-trial |
Is it reversible error when an appellate court overturns a trial court's grant of a new trial when, first, the decision to grant or deny a motion for … |
| 23-886 |
Carlos Guardado v. Massachusetts |
Massachusetts |
2024-02-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
burks-v-united-states change-in-law criminal-procedure double-jeopardy evidence legal-sufficiency prosecution-evidence second-trial supreme-court-precedent trial-rights |
In Burks v. United States, 437 U.S. 1, 11 (1978), this Court held that when the evidence the prosecution introduced at a criminal trial is legally ins… |
| 23-6179 |
Anibal Miranda-Montanez v. United States |
First Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge |
Whether The Evidence Was Insufficient for the Verdict to Stand. |
| 23-5808 |
Rodney Jennings v. Shawn Phillips, Warden |
Sixth Circuit |
2023-10-17 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review certificate-of-appealability doyle-rule doyle-v-ohio habeas-corpus ineffective-assistance-of-counsel jackson-standard jackson-v-virginia legal-sufficiency strickland-test strickland-v-washington |
Did the court of appeals err in denying a certificate of appealability and in evaluating petitioner's claim under Jackson v. Virginia, Doyle v. Ohio, … |
| 23-371 |
D'Andre M. Johnson v. United States |
Armed Forces |
2023-10-06 |
Denied |
Amici (1)Response Waived |
case-scope court-of-appeals harmonious-reading jurisdiction jurisdictional-question legal-sufficiency legislative-history military-justice standard-of-review statutory-interpretation surplusage-canon |
I. 28 U.S.C. § 1259(3) states that this Court may review "[c]ases in which the Court of Appeals for the Armed Forces granted a petition for review." D… |
| 22-5997 |
Tarence Kirkland v. New York |
New York |
2022-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing criminal-verdict cross-examination due-process evidence fair-trial identification legal-sufficiency second-degree-offense weight-of-evidence |
1. (Louv'V sP^eVna\ decision on Kocin(|ue'2_C.Xcie 'rv\-\^icMvorv) ArA SancAoVS. I (oSe c£pnoc Cr\'or ve5 > arA &c,\s on. CroSS-exannr n<3'bork) 9veso… |
| 22-5924 |
Carl Jones v. Pennsylvania |
Pennsylvania |
2022-10-27 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence |
I. Does the well-settled standard and scope of review governing sufficiency-of-the-evidence claims - a standard and scope of constitutional dimension … |
| 22-5527 |
Dora L. Adkins v. Tyson's Lodging, LLC |
Fourth Circuit |
2022-09-08 |
Denied |
IFP |
administrative-law appellate-review circuit-court-affirmance civil-procedure district-court-judgment due-process equal-protection federal-courts legal-sufficiency per-curiam-opinion rule-60-motion standing |
1. Whether the United States Court of Appeals for the Fourth Circuit Erred in the per curiam unpublished opinion and/or Judgment, Dated, August 25. 20… |
| 22-113 |
Bradley Jacobs Shumway v. Texas |
Texas |
2022-08-04 |
Denied |
Response Waived |
common-law corpus-delicti due-process ex-post-facto judicial-exception legal-sufficiency retroactive-application |
Whether the Court of Criminal Appeals of Texas denied Mr. Shumway due process of law when it retroactively applied a newly announced and judicially cr… |
| 22-5019 |
Amber Renee Guyger v. Texas |
Texas |
2022-07-01 |
Denied |
IFP |
constitutional-review criminal-procedure due-process jackson-v-virginia legal-sufficiency mistake-of-fact self-defense |
1. Under the legal sufficiency standard of Jackson v. Virginia, does a court violate due process by concluding that self-defense and mistake-of-fact a… |
| 21-8140 |
Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence |
1. Should Petitioner's convictions be vacated because the evidence was wholly insufficient to sustain his convictions? |
| 21-6952 |
Sunrise Lee v. United States |
First Circuit |
2022-01-25 |
Denied |
Relisted (2)IFP |
circuit-split conspiracy controlled-substances criminal-procedure due-process evidence-standard federal-court judgment-of-acquittal legal-sufficiency physician prescription-drugs |
1. Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside of the course of professional pr… |
| 21-876 |
John G. Williams, Jr. v. United States |
Eleventh Circuit |
2021-12-14 |
Denied |
Response Waived |
criminal-liability due-process general-verdict jury-instructions jury-verdict legal-sufficiency wire-fraud yates-rule |
Given Stromberg v. California, Yates v. United States, and Griffin v. United States, whether this Court has clearly established that a jury's verdict … |
| 21-5286 |
Gerald M. Calmese v. Arizona |
Arizona |
2021-08-04 |
Denied |
IFP |
conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error |
Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 21-5106 |
Logan Viquesney v. United States |
Tenth Circuit |
2021-07-14 |
Denied |
Response WaivedIFP |
conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence |
1) Can the Court sustain a conviction when a required underlined State offense is not charged in the indictment? |
| 20-8328 |
Juan E. Seary-Colon v. United States |
First Circuit |
2021-06-16 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence |
Whether Evidence was Totally Insufficient for the Conviction to Stand. |
| 20-6986 |
Lorenzo Escudero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-28 |
Denied |
IFP |
civil-rights constitutional-rights due-process equal-protection fundamental-rights habeas-corpus legal-sufficiency sentencing trial-by-jury trial-rights |
Question not identified. |
| 20-6842 |
Christine D'Onofrio v. Costco Wholesale Corporation |
Eleventh Circuit |
2021-01-12 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure federal-rules-of-civil-procedure legal-sufficiency rule-50b-motion seventh-amendment standard-of-review sufficiency-of-evidence supreme-court-precedent |
A. Whether the majorit y opinion in affirming the grant of a Fed. R. Civ. P. 50(b) motion failed to apply the correct standard of review, and under th… |
| 20-6765 |
Kevin Wayne Dickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-04 |
Denied |
IFP |
appeal appellate-procedure civil-rights constitutional-interpretation due-process expert-witness ineffective-assistance-of-counsel judicial-review legal-sufficiency standard-of-review state-court-review |
Did the Fifth Court of Appeals commit error for concluding that Appellant's ineffective assistance of counsel claim was not debatable among jurists wh… |
| 20-5421 |
Doved Ben Downer v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
charging-document criminal-law criminal-procedure double-jeopardy drug-possession due-process information-charging legal-sufficiency racketeering statutory-interpretation |
1. IS SIMPLE POSSESSION UNDER F.S. 893.13(6)(A). A LEGALLY
PERMISSIBLE RACKETEERING PREDICATE INCIDENT UNDER F.S. §
895.02(l)(a), § 895.02(l)(b)?
2. … |
| 20-5073 |
Gilberto Martinez-Hernandez v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review civil-procedure clear-error evidentiary-errors harmless-error judicial-review judicial-standard legal-sufficiency standard-of-review |
Whether the court of appeals committed clear error by concluding that significant evidentiary errors were harmless. |
| 19-8900 |
Jeffrey Chleo Brown v. United States |
Fifth Circuit |
2020-07-06 |
Denied |
IFP |
appellate-preservation circuit-split criminal-procedure district-court-procedure factual-dispute factual-objection legal-sufficiency preservation-of-appeal procedural-error sentencing sentencing-objection standard-of-review |
Is a factual objection at sentencing sufficient to preserve for appeal the district court's failure to resolve the ensuing dispute? |
| 19-8765 |
Tizazu F. Arega v. Lisa L. Sadler, Judge, et al. |
Ohio |
2020-06-19 |
Denied |
IFP |
14th-amendment conviction criminal-procedure due-process evidence judicial-review jury-instructions jury-misconduct legal-sufficiency sexual-intercourse trial-procedure verdict-validity |
PFrTTrSSp^t™ nl intercourse and the jury returned verdict findingSS 1KHSMafaSy 0™88 SS-HH 1™ THE JUHY HAD MOT BHM |
| 19-8466 |
Branch William Niehouse v. Brigitte Amsberry |
Ninth Circuit |
2020-05-14 |
Denied |
Response WaivedIFP |
criminal-law evidence force legal-sufficiency lost-and-found property-rights robbery robbery-evidence speculative-testimony trespass trespassing use-of-force |
Would reasonable jurists debate whether the evidence of robbery was legally sufficient when the only evidence that Mr. Niehouse's threatened use of fo… |
| 19-7391 |
Larry David Davis v. Larry Tegley, et al. |
Eighth Circuit |
2020-01-23 |
Denied |
Relisted (2)IFP |
administrative-law appellate-standard civil-procedure civil-rights due-process insufficient-evidence judicial-review legal-sufficiency patent record-review standing takings trial-court |
THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE JUDGMENT OF MY TRIAL?
WHETHER RIGHT TO A SPEEDY TRIAL HAVE BEEN VIOLATED?
WHETHER A AFFIDAVIT IS NEEDED … |
| 19-6002 |
Nicole Rena McCrea v. Mark S. Devan, et al. |
Maryland |
2019-09-20 |
Denied |
IFP |
appellate-review civil-procedure due-process federal-jurisdiction judicial-conflict legal-sufficiency maryland-law maryland-rule standing statutory-interpretation supreme-court-precedent |
Is the Maryland Court of Special Appeals ' March 13, 2019 unpublished Opinion
and Memorandum affirming the judgment of the Circuit Court of Charles Co… |
| 19-5791 |
Marcus Jackson v. Vance Laughlin, Warden, et al. |
Georgia |
2019-09-03 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review |
Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re… |
| 19-5450 |
Paul Suarez v. United States |
Fifth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence |
1) DID THE PANEL ERR BY HOL DING THAT THE "LAW OF THE CASE"
GOVERNED ITS DECI SION IN HOLDING THAT THE EVIDENCE WAS
LEGALLY SUFFICIENT TO SUSTAIN THE … |
| 19-5436 |
Martin Araiza-Jacobo v. United States |
Fifth Circuit |
2019-08-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence |
Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o… |
| 19-5290 |
Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-23 |
Denied |
IFP |
appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review |
Where deference is the only issue singled out by a Court of Appeals as the only question as to debatability, and that specific deference goes directly… |
| 19-5079 |
Kenneth Blackwell v. Georgia |
Georgia |
2019-07-05 |
Denied |
Response WaivedIFP |
appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver |
This Court has not enunciated a general rule regarding what questions may be taken and resolved for the first time on appeal when a party fails to pre… |
| 18-9817 |
Deterryon Tyrell Kelly v. Texas |
Texas |
2019-06-26 |
Denied |
IFP |
criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence |
CAN EVIDENCE MEET THE LEGAL SUFFICIENCY STANDARD OF JACKSON V. VIRGINIA IF THE EVIDENCE RELIED UPON FOR CONVICTION IS PRIMARILY SPECULATIVE AND INFERE… |
| 18-9677 |
Martin Arreola Zavala v. United States |
Eighth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence |
1. WHETHER THIS COURT SHOULD GRANT CERTIORARI TO ADDRESS THE PROPER APPLIATION OF LAW TO FACT RELATING TO SUFFICIENCY OF THE EVIDENCE FOR QUANTITY DET… |
| 18-9483 |
Brian Alford v. Dwight Neven, Warden, et al. |
Ninth Circuit |
2019-05-30 |
Denied |
IFP |
burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence |
WHETHER IT IS PERMISSIBLE FOR A STATE CRIMINAL COURT TO PREDICATE FELONY MURDER LIABILITY ON AN ALLEGATION OF BURGLARY THAT LACKS SUFFICIENT BASES IN … |
| 18-1383 |
James M. Hale v. United States |
Armed Forces |
2019-05-03 |
Denied |
Response Waived |
10-usc-802 court-martial court-martial-jurisdiction general-verdict judicial-deference jurisdictional-defects jurisdictional-limits legal-sufficiency military-discipline military-discipline-jurisdiction military-law overt-acts plain-error rostker-v-goldberg sufficiency-of-evidence weiss-v-united-states |
1. Whether the Court of Appeals erred in relying on factual sufficiency of the evidence to resolve a question of plain error, where the alleged error … |
| 18-8372 |
Dominique Green v. Texas |
Texas |
2019-03-11 |
Denied |
IFP |
appellant-rights civil-procedure civil-rights court-determination due-process evidence evidentiary-standard fact fact-and-law informal-marriage legal-sufficiency marriage marriage-evidence standing |
Did the Court of Appeals err when it determined and held that there was legally insufficient evidence to establish an informal marriage between Appell… |
| 18-7200 |
Dayvon Bryan Riley v. United States |
Fourth Circuit |
2019-01-02 |
Denied |
Response WaivedIFP |
actual-innocence equitable-analysis evidence evidence-claim federal-habeas habeas-corpus legal-sufficiency schlup-standard schlup-v-delo |
1. Whether a petitioner's claim in a federal habeas case that it is logically impossible that they committed an element of the offense—even when no ne… |
| 18-6464 |
Frank Ralph LaPena v. George Grigas, et al. |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction |
Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, … |