| 25-5773 |
Karina Yohera Flores v. Texas |
Texas |
2025-10-01 |
Denied |
IFP |
capital-murder court-of-appeals due-process jury-punishment lesser-included-offenses procedural-default |
Did the Court of Appeals, Thirteenth Judicial District, Corpus Christi, Texas err by affirming the trial court's order that no jury punishment hearing… |
| 24-7487 |
Nicholas Noelani D. Smith v. Alabama |
Alabama |
2025-06-24 |
Denied |
IFP |
capital-murder due-process fourteenth-amendment lesser-included-offenses specific-intent voluntary-intoxication |
Whether a criminal defendant in a capital trial is deprived of his Fourteenth Amendment right to due process, as set forth in Beck v. Alabama, when th… |
| 23-6436 |
Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. |
Third Circuit |
2024-01-08 |
Denied |
IFP |
brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence |
1. Does Strickland v. Washington allow the Court of Appeals to dismiss the defendant's ineffective assistance of counsel claim based on "strong eviden… |
| 22-6665 |
Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States |
Tenth Circuit |
2023-01-31 |
Denied |
IFP |
criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte |
May a court sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return? |
| 22-5464 |
Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution |
Fourth Circuit |
2022-08-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights |
1) Has the trial court erred by refusing to instruct the Jury on lesser Included offenses supported by the evidence in violation of Dunlap's State and… |
| 22-5091 |
Tyre Bradbury v. Indiana |
Indiana |
2022-07-13 |
Denied |
Response WaivedIFP |
all-or-nothing-strategy criminal-defense criminal-procedure defendant-consultation ineffective-assistance-of-counsel legal-strategy lesser-included-offenses performance-deficiency strickland-standard strickland-v-washington trial-strategy |
Is the decision not to tender available lesser included offense instructions in order to instead pursue an "all or nothing " strategy an "important de… |
| 21-6833 |
Jason Lee Sarabia v. United States |
Fifth Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity |
Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c… |
| 21-5058 |
Joseph Andrew Phipps v. Neil McDowell, Warden |
Ninth Circuit |
2021-07-08 |
Denied |
IFP |
14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses |
1) Does Petitioner have a due process right to jury instructions on
lesser included offenses?
2) Does the Equal Protection Clause of the 14th Amendm… |
| 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… |
| 20-1496 |
Ali Mohamed Elatrache v. Shane Jackson, Warden |
Sixth Circuit |
2021-04-26 |
Denied |
Response Waived |
capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury |
I.
WHETHER REASONABLE JURISTS COULD
DIFFER AS TO WHETHER PETITIONER WAS
DEPRIVED OF A CONSTITUTIONAL RIGHT
TO DUE PROCESS AND TO TRIAL BY JURY
WHEN TH… |
| 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 … |
| 19-882 |
Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-16 |
Denied |
Response Waived |
certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment |
I.
Whether petitioner's trial counsel was ineffective at the guilt-innocence stage, in violation of the Sixth Amendment, in failing to request jury in… |
| 19-7232 |
Francisco Argenis Parra v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2020-01-09 |
Denied |
IFP |
accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction |
I. Did Trial Counsel Render Ineffective Assistance by Failing to Request an Adequate Supplemental Credibility Instruction?
II. Did Trial Counsel Rend… |
| 19-6200 |
Michael Scott Smith v. Florida |
Florida |
2019-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation |
Can a State Court indict an accused on one of the tried crime merely being in the quise a theory of crime of the Florida Statutes. and each are comple… |
| 18-8853 |
Cameron Brown v. California |
California |
2019-04-16 |
Denied |
IFP |
constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript |
Is the defendant illegally/wrongfully convicted due to double jeopardy violation?
Is it a due process violation and/or a double jeopardy violation to… |
| 18-6155 |
Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States |
Fourth Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence |
1. Whether the Court of Appeals erred in affirming the district court's decision to deny the renewed motion for a new trial and in refusing to conduct… |
| 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… |
| 18-5048 |
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… |