lesser-included-offense

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25A838 United States v. Jason Robert Hopson Tenth Circuit 2026-01-21 Application felony-assault indian-country jury-instruction lesser-included-offense major-crimes-act subject-matter-jurisdiction Question not identified.
25-6404 JT Myore v. United States Eighth Circuit 2025-12-18 Pending Response WaivedIFP burden-of-proof criminal-jury-instructions due-process homicide-prosecution lesser-included-offense voluntary-manslaughter Under federal law, murder is defined as "the unlawful killing of a human being with malice aforethought." 18 U.S.C. § 1. Voluntary manslaughter is def…
24-6966 Mick J. Careaga v. United States Ninth Circuit 2025-04-10 Denied Response WaivedIFP acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury I. Whether the Due Process clause permits a court to ignore without inquiry a jury's finding of Not Guilty on a lesser, necessarily included charge, w…
24-882 Derrick Chatman v. Mississippi Mississippi 2025-02-18 Denied Response Waived constitutional-law criminal-procedure direct-remand jury-unanimity lesser-included-offense sixth-amendment Does a state court direct-remand rule that infers jury unanimity on a lesser-included offense violate the Sixth Amendment, where the jury's verdict wa…
24-6539 Fernando Lopez-Armenta v. United States Ninth Circuit 2025-02-11 Denied Response WaivedIFP constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth an…
24-5736 James Ray Pendergraft v. Texas Texas 2024-10-10 Denied IFP constitutional-review criminal-appeals ineffective-assistance lesser-included-offense procedural-error trial-record 1. Whether the Texas Court of Criminal Appeals decision conflicts with Smith v. Robbins, 120 S.Ct. 2446(2000), Hopper v. Evans, 102 S.Ct. 2049(1982) a…
24-164 Aaron York Dean v. Texas Texas 2024-08-15 Denied Response Waived due-process equal-protection fifth-amendment grand-jury-indictment lesser-included-offense sixth-amendment Does Grey v. State , 298 S.W.3d 644 (Tex. Crim. App. 2009) violate the Due Process and Equal Protection clauses of the United States Constitution by a…
24-5294 Tommy J. May v. Kansas Kansas 2024-08-09 Denied IFP criminal-procedure due-process first-degree-murder jury-instruction lesser-included-offense voluntary-manslaughter Whether Tommy T. May was entitled to a jury instruction on the lesser offense of attempted voluntary manslaughter on the attempted first-degree murder…
23-6890 Lamar Larue White v. California California 2024-03-05 Denied IFP brady-material constitutional-rights dna-evidence due-process ineffective-assistance-of-counsel jury-instructions lesser-included-offense sixth-amendment in this matter is it legally permissible to 1.) Wherefore . co.nvict the accused on erroneous jury instructions that do not prove guilt beyond a reas…
23-6004 Reginald C. Scott v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2023-11-14 Denied IFP constitutional-prohibition criminal-law double-jeopardy due-process fifth-amendment lesser-included-offense pennsylvania-law same-offense statutory-interpretation Whether Robbery and Second Degree Murder, a greater and lesser included offense under Pennsylvania law, constitute the "same offense" under the Double…
23-5899 Rande Brian Isabella v. United States Tenth Circuit 2023-10-27 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-error double-jeopardy fifth-amendment lesser-included-offense manifest-constitutional-error sanabria-rule sanabria-v-united-states trial-termination After the Government Concedes To Actual Innocence With Jeopardy Attached, and The District Court Terminates Jeopardy In the Substantive Offense Over D…
23-5513 Rickeena Hamilton v. Tennessee Tennessee 2023-09-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder 1. The defendant was convicted of second-degree murder after she stabbed a man who had attacked her in a bar without any provocation. This factual sit…
23-5200 Augustine Rincon Medina v. California California 2023-07-26 Denied IFP birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion Should the Rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a Prosecutor to veto a Defendant's request for an instruction on a L…
22-6546 Arty Marcel v. Tim Hooper, Warden Fifth Circuit 2023-01-17 Denied Response WaivedIFP burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington 1. Reasonable jurists would determine that Mr. Marcel was denied his right to a fair and impartial trial when the Court erred in allowing other crimes…
22-5403 Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2022-08-19 Denied Response WaivedIFP certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as…
22-5285 Alifonso Eduardo Garcia v. Kansas Kansas 2022-08-04 Denied Response WaivedIFP autopsy-evidence criminal-procedure due-process jury-questionnaire jury-selection lesser-included-offense presumed-prejudice skilling-factors standard-of-review venue venue-prejudice 1. Whether the Kansas Supreme Court's presumed prejudice standard of review is in contrary to Skilling v. United States, 561 U.S. 358, 130 S.Ct. 2896,…
22-5125 Mark A. Hill v. Ohio Ohio 2022-07-19 Denied IFP 26(B)-application appellate-counsel conflict-of-interest due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plain-error post-conviction-relief procedural-due-process transcript 1. Whether the 26(B) application for reopening proceeding was adequate and fundamentally fair in order to determine if appellate counsel was deficien…
21-7084 Dwight David Jordan v. Florida Florida 2022-02-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver GROUND 1) Whether the court can depart from clearly established law on case by case basis? State v. Gray, 435 So. 2d 816, 818 (Fla. 1983) is a case th…
21-6681 Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-20 Denied IFP circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington Whether the Court should resolve the following question for which there is a clear circuit split: does the Court's holding in Strickland v. Washington…
21-5658 Elias G. Montalvo v. Isidro Baca, Warden, et al. Ninth Circuit 2021-09-13 Denied Response WaivedIFP constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter Question not identified.
21-5596 Carl William Frazier v. California California 2021-09-08 Denied IFP 5th-amendment criminal-negligence due-process involuntary-manslaughter jury-instructions knife-assault lesser-included-offense self-defense sua-sponte-instruction In a murder case, may a defendant's inherently assaultive felonious conduct - ie, the use of a knife for the purpose of unreasonagle self-defense - af…
21-5157 Gary Simmonds v. Territory of the Virgin Islands Third Circuit 2021-07-21 Denied IFP appellate-procedure appellate-review constitutional-interpretation constitutional-law criminal-law due-process judicial-power jurisdiction lesser-included-offense statutory-construction statutory-interpretation Is the appeals court correct? Does 28 U.S.C. § 2106 or any federal statute authorize "a lesser included offense" of an unconstitutional statute, taken…
21-60 Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-07-16 Denied Response Waived constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense In a case where the prosecuti on charged both a greater offense and a lesser included offense in the same charging document, and where the jury found …
20-8031 Major Hudson, III v. Rick Whitten, Warden Tenth Circuit 2021-05-14 Denied Relisted (2)IFP actual-innocence criminal-procedure due-process ineffective-assistance-of-counsel lesser-included-offense procedural-default rule-60 1. WHETHER REASONABLE JURIST COULD FIND IT DEBATABLE THAT THERES AN EXTAORDINARY DIFFERENCE BETWEEN A MISDEMEANOR VS. A FELONY, AND WHETHER A PERSON W…
20-7879 Vincent Gino Chavez v. Brian Cates, Warden Ninth Circuit 2021-04-28 Denied Response WaivedIFP capital-case capital-cases circuit-split criminal-procedure due-process jury-instructions lesser-included-offense lesser-included-offenses noncapital-cases In Beck v. Alabama, 477 U.S. 625, 638 (1980), this Court held that a criminal defendant is entitled to jury instructions on lesser included offenses i…
20-1498 Kory Alexander v. Alex Jones, Acting Warden Seventh Circuit 2021-04-27 Denied Response Waived alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor Kory Alexander was charged by indictment with first degree murder with the specific allegation that he personally discharged a firearm during the comm…
20-7535 Gilberto Medina-Jasso v. Georgia Georgia 2021-03-23 Denied IFP child-molestation constitutional-law constitutional-rights criminal-procedure due-process lesser-included-offense sexual-battery trial-court Whether the trial court's failure to charge sexual battery as a lesser included offense of child molestation deprived Petitioner of a due process righ…
20-7295 Isidro Sauceda v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP appealability-standard certificate-of-appealability constitutional-rights exculpatory-evidence factual-innocence ineffective-counsel lesser-included-offense ninth-circuit reasonable-jurists willits-instruction I. Whether Review Is Warranted Because The Ninth Circuit Utilized An Unduly Burdensome Certificate Of Appealability Standard That Contravenes This Cou…
20-7293 Willie Safford v. Florida Florida 2021-03-02 Denied IFP civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review Question not identified.
20-6926 Nestor Alegria Hernandez v. California California 2021-01-25 Denied Response WaivedIFP criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense I. CALIFORNIA LAW VIOLATES THE FOURTEENTH AMENDMENT'S EQUAL PROTECTION CLAUSE BY REQUIRING ITS COURTS TO INSTRUCT ON INVOLUNTARY MANSLAUGHTER AS A LES…
20-6810 Michael Lanier Watkins v. Georgia Georgia 2021-01-08 Denied IFP criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel Did Petitioner receive ineffective assistance of counsel when his trial counsel, against Petitioner's instruction, asked the trial court to return a c…
20-6660 Shusta Traverse Gumbs v. United States Eleventh Circuit 2020-12-18 Denied Response WaivedIFP circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola I. Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circui…
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of "without the consent" beyond a reasonable doubt. Whether the trial court's refusal to charge the le…
20-5344 Christopher Taylor v. Illinois Illinois 2020-08-13 Denied Response RequestedResponse WaivedRelisted (4)IFP 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him where a court admits into evidence a certified…
19-8521 Aaron Daniels v. Jack Kowalski, Warden Sixth Circuit 2020-05-22 Denied Response WaivedIFP amadeo-v-zant amended-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense procedural-default sixth-circuit strickland-standard strickland-v-washington The Sixth Circuit reasoning concerning Petitioners attempt to get new counsel assigned during trial is flamed, as several United States Supreme Court …
19-1153 Russell A. Suzuki, et al. v. Christopher Deedy Ninth Circuit 2020-03-20 Denied 28-usc-1257 appellate-review civil-procedure criminal-procedure double-jeopardy exxon-mobil-v-saudi-basic federal-court-jurisdiction federal-jurisdiction lesser-included-offense lesser-included-offenses standing state-court-judgment state-court-judgments This case presents two straightforward questions: 1) the limits the Constitution and Congress impose on the jurisdiction of lower federal courts; and …
19-8033 In Re Jonathan A. Hampton 2020-03-18 Denied IFP constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error CAN I, JONATHAN ANDREW HAMPTON, AN INDIGENT PRISONER, SIGSI(A) PETITIONER ANA 42 USCS SI983 CIVIL RIGHTS PIAINTIFF, APPEARING IN PROPRIA PERSONA BEFOR…
19-7390 Marshall Henry Ellis v. Oklahoma Oklahoma 2020-01-23 Denied IFP constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment 1. Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the …
19-714 Pennsylvania v.William R. Landis, Jr. Pennsylvania 2019-12-05 Denied Response RequestedResponse WaivedRelisted (2) blueford-v-arkansas criminal-procedure diminished-capacity double-jeopardy double-jeopardy-clause lesser-included-offense mens-rea murder murder-charges poland-v-arizona precedent retrial Did the Superior Court of Pennsylvania err in finding that the reinstatement of Murder in the Third Degree upon the award of a new trial violated the …
19-5965 Robert Jessie Hill v. Washington Washington 2019-09-17 Denied IFP civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing (A). When a defendant pleads guilty to a charge, in addition to the "direct" and "collateral" consequences of the party does the Fourteenth Amendment …
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel The following federal Questions presented below are Certified Questions of Great Public Importance, of facts and law that falls under the Jurisdiction…
18-9810 Erik Ward v. California California 2019-06-27 Denied IFP attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel procedure and dve process, Base Upon jury lacked Knowle dge of the importa nce of .My trial counsel Failed to inform me a yea deal would be for attemp…
18A1332 Norge Manduley v. United States Eleventh Circuit 2019-06-19 Presumed Complete constitutional-violation due-process fair-trial lesser-included-offense post-conviction-relief sentencing-guidelines Question not identified.
18-9728 Sung Ho Park v. Tammy Foss, Warden Ninth Circuit 2019-06-19 Denied Response WaivedIFP confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel I. Whether Park, Who Was Physically Incapacitated When The Police Interrogated Him, Could Not Make A Voluntary Statement; Whether Trial Counsel Render…
18-9609 Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2019-06-11 Denied IFP collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance …
18-9416 John O. Williams v. Florida Eleventh Circuit 2019-05-23 Denied Response WaivedIFP constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense Whether the District Court judges order of denial, denying petitioner's habeas petition and grounds, to the Honorable Robert L. Windle aforementioned …
18-9134 Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-03 Denied Relisted (2)IFP amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony I. WHY WAS THE MEDICAL RECORDS NEVER INTRODUCED INTO EVIDENCE? 2. WHY WAS PETITIONER DENIED EFFECTIVE ASSIST. OF COUNSEL? A VIOLATION OF SIXTH AMENDM…
18-8970 John William King v. Texas Texas 2019-04-23 Denied IFP capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule 1. Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and i…
18-8276 Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-03-06 Denied IFP certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U…
18-7934 Seaun Llwellyn Farthing v. Dara Watson, Warden Fourth Circuit 2019-02-12 Denied Relisted (2)IFP criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony Under Jackson v. Virginia 443 U.S. 307 (U.S.Va.1979) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va…
18-7906 Johnny Flores v. Texas Texas 2019-02-12 Denied IFP constitutional-rights due-process lesser-included-offense manslaughter prosecutorial-vindictiveness retaliation Question not identified.
18-7665 Robert Tommy Garrett v. California California 2019-01-30 Denied IFP appellate-review constitutional-provision double-jeopardy due-process judicial-review jury-trial legal-interpretation lesser-included-offense multiple-convictions multiple-punishments procedural-issue statutory-provision Appellant submits that the Trial Court's erroneous failure to instruct the jury on the lesser included offense of attempted criminal threat deprived h…
18-7056 David Leonard Johnson v. California California 2018-12-14 Denied IFP california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery I. IS THE CRIME OF RECEIVING STOLEN PROPERTY A LESSER INCLUDED OFFENSE OF ROBBERY, AND IF SO, WAS THE TRIAL COURT'S FAILURE. TO INSTRUCT ON RECEIV…
18-6976 Joseph Lochuch Ewalan v. Washington Washington 2018-12-10 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon This Courts precedent in United States V. Di xon, 509 U.S. 698 (1993) reached the question of whether a criminal defendant is entitled to a lesser -in…
18-6822 Mark Anthony Brown v. United States Sixth Circuit 2018-11-26 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process federal-statute lesser-included-offense notice-requirement prosecutorial-discretion sentencing sentencing-enhancement statutory-interpretation The plain language of 21 U.S.C. § 851 requires the United States to, "before trial," file an "information" if it intends to seek enhanced statutory pe…
18-5912 Robert Kimmell v. United States Ninth Circuit 2018-09-10 Denied Response WaivedIFP criminal-defense criminal-procedure criminal-procedure-disclosure drug-offense due-process fair-trial informant informant-disclosure jury-instructions lesser-included-offense relevance verdict-form witness-disclosure Did Kimmell establish that disclosure of the informant was relevant and helpful to his defense, or essential to a fair determination of his cause? Di…
18-5625 Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-16 Denied IFP civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter DID THE TRIAL COURT PREJUDICIALLY ERR BY FAILING TO INSTRUCT THE JURY ON THE LESSER INCLUDED OFFENSE OF SUDDEN QUARREL/HEAT OF PASSION VOLUNTARY MANSL…
18-5386 Allen Alexander, aka Karon Keenan v. New Jersey New Jersey 2018-07-27 Denied Response WaivedIFP assault constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense robbery state-criminal-law trial-error Can a state trial judge's failure to charge the jury on a lesser included offense violate the defendant's rights guaranteed by the Due Process Clause …
18-5355 Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-26 Denied Relisted (2)IFP accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law Petitioner Sanders, contends the Ninth Appellate District Court, Cause # 09-10-00047--CR, Beaumont, Texas, Erred by ruling the Trial Court of Polk Cou…
18-5103 Jeffery Day Rieber v. Alabama Alabama 2018-07-03 Denied IFP appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington 1. Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance by failing to pursue a lesser included alternative defense and faili…
18-5048 John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2018-06-29 Denied Response WaivedIFP aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington WHETHER TAYLOR WAS DENIEO HIS RIGUT TO EFFECTIVE ASSITANCE EP TRIAL COUNSEL GURANTEED BY THE SIXTH AMENOMENT OF THE UNITED STATES CONSTITNTZON? WHETHE…
18-5027 Mark O. Wright v. Virginia Virginia 2018-06-28 Denied Response WaivedIFP appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment 1. Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included…