| 19-7070 |
Gary R. Tomey, II v. United States |
Eleventh Circuit |
2019-12-27 |
Denied |
Response WaivedIFP |
constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing |
1. Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its … |
| 19-6581 |
Javier Leon v. United States |
Eighth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure |
WHETHER COUNSEL'S FAILURE TO SUBJECT THE GOVERNMENT'S CASE TO STRICT ADVERSARIAL TESTING, BY REASON OF A FICKLE, BARE-BONES 'MERE PRESENCE' THEORY OF … |
| 18-6399 |
Marcos Perez-Trevino v. United States |
Eighth Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy |
1. IN THIS CASE, THE OFFICER CONDUCTED INVENTORY SEARCH OF A CLOSED CONTAINER WITHOUT A WRITTEN POLICY GOVERNING THE SEARCH OF SUCH CONTAINERS. WHETHE… |