mistrial
64 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-407 | Scott Breimeister v. United States | Fifth Circuit | 2025-10-06 | Pending | Amici (1)Response RequestedResponse Waived | double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny | I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim? II. Does strict scrutiny app… |
| 25A308 | Ynddy Blanc v. United States | Eleventh Circuit | 2025-09-17 | Presumed Complete | appellate-review circuit-court conviction-standard criminal-trial jury-deadlock mistrial | Question not identified. | |
| 25-5401 | Gregory Matthew Seay v. Oklahoma | Oklahoma | 2025-08-19 | Denied | IFP | collateral-estoppel constitutional-rights double-jeopardy equal-protection manifest-necessity mistrial | (1) DOES THE OKLAHOMA COURT OF CRIMINAL APPEALS' DECISION IN THE INSTANT CASE CONTRADICT THE DECISION OF THE UNITED STATES COURT OF THE NORTHERN DISTR… |
| 25A114 | Scott Breimeister v. United States | Fifth Circuit | 2025-07-28 | Presumed Complete | double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure | Question not identified. | |
| 24-7385 | Luster Pernell Burns, Jr. v. Jeff Tanner, Warden | Sixth Circuit | 2025-06-09 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct | DID THE PROSECUTOR ENGAGED IN INTENTIONAL MISCONDUCT IN A PREVIOUS TRIAL WHICH GOATED THE DEFENSE INTO MOVING FOR A MISTRIAL, WHICH BARRED RETRIAL IN … |
| 24A1083 | Thomas J. Zajac v. United States | Seventh Circuit | 2025-05-08 | Presumed Complete | 70-day-period judicial-discretion mistrial speedy-trial-act time-exclusion trial-delay | Question not identified. | |
| 24-6488 | Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al. | Ninth Circuit | 2025-02-06 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy habeas-corpus jury-trial mistrial probation-violation | Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hol… |
| 24-6338 | Hakeem-Ali Shomo v. Ohio, et al. | Ohio | 2025-01-17 | Denied | Response WaivedIFP | constitutional-protection double-jeopardy fifth-amendment judicial-misconduct mistrial prosecutorial-intent | Does the fundamental protection against double jeopardy, preserved in the Fifth Amendment to the United States Constitution, bar retrial when judicial… |
| 24-6167 | Rodney J. Lass v. Chris Buesgen, Warden | Seventh Circuit | 2024-12-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure double-jeopardy mistrial prosecutorial-discretion vindictive-prosecution | 1. Can actual vindictive prosecution be found when a mistrial is declared, not caused by a hung jury, and the Prosecutor responds by bringing addition… |
| 24-5897 | Justin Jermaine Johnson v. Stephen Duncan, Warden | Fourth Circuit | 2024-11-01 | Denied | IFP | criminal-procedure due-process evidentiary-admission harmless-error mistrial witness-testimony | allowing investigator to testify via Skype video messenger 1: was Harmless Error? 2: Was statement to investigators freely and voluntarily given? 3:… |
| 24-5073 | Billy Hammonds v. Fredeane Artis, Warden | Sixth Circuit | 2024-07-15 | Denied | Response WaivedIFP | burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony | I. WAS MR. HAMMONDS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE FEDERAL AND STATE CONSTITUTIONS (U.S CONST. 1963, ART l § 20) WHERE TRI… |
| 24-32 | Donavan J. White Owl, aka DJ v. United States | Eighth Circuit | 2024-07-12 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy eighth-circuit implied-consent manifest-necessity mistrial waiver | The double jeopardy clause prevents the retrial of a criminal case after mistrial unless the defendant consents or if the mistrial was for manifest ne… |
| 23-7725 | Jimmie Lee Walton v. United States | Fifth Circuit | 2024-06-14 | Denied | Response WaivedIFP | abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence | Did Walton receive effective assistance of counsel? Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti… |
| 23-1256 | Donna Davis Javitz v. Luzerne County, Pennsylvania, et al. | Third Circuit | 2024-05-30 | Denied | civil-rights confrontation confrontation-rights due-process effective-assistance-of-counsel first-amendment-retaliation free-speech judicial-misconduct mistrial trial-fairness | 1. Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case when the judge: (1) struck Petitio… | |
| 23-7343 | Dalevonte D. Hearn v. Illinois | Illinois | 2024-04-30 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process first-degree-murder ineffective-assistance-of-counsel jury-trial mistrial sentencing trial-rights | ^j) T$ Xv LaM^L.I Thai An American OH'Zen &f Puntsbpcf Tor £* WS>^ f2ic^h To A Turq . (Jkj IsrH 6nf /M one Cr^e you \SheU 'Jour AcHonS rn^j l4oi*f I… |
| 23-7089 | Steven L. Lewis v. Mississippi | Mississippi | 2024-03-27 | Denied | Response WaivedIFP | confrontation-clause constitutional-law criminal-procedure double-jeopardy due-process improper-venue mistrial retrial speedy-trial venue | *Whether the Constitution Permits the retrial of a defendant following a trial in an in Pro Per venue Whether the Constitution Permits the retrial of… |
| 23-5711 | Mitchell D. Green v. Wisconsin | Wisconsin | 2023-10-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | admissible-evidence constitutional-law criminal-procedure double-jeopardy due-process jury jury-impartiality mistrial trial-rights | In Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) this Court addressed under what circumstances the Double Jeopardy Clause p… |
| 23-5090 | Travis J. Brown v. California | California | 2023-07-13 | Denied | Response RequestedRelisted (3)IFP | acquittal appellate-jurisdiction constitutional-protections criminal-procedure double-jeopardy due-process fifth-amendment judicial-review mistrial procedural-error | WHETHER A STATE COURT SUBMITS A SUCCESSION OF VERDICTS BOTH GUILTY AND NOT GUILTY OF THE SAME COUNT, AGAINST THE SAME DEFENDANT, AND TO THE SAME TRIAL… |
| 22-7815 | Joseph Carl Stanley v. Martin Biter, Warden | Ninth Circuit | 2023-06-20 | Denied | Response WaivedIFP | double-jeopardy due-process habeas-review implied-consent judicial-norms mistrial ninth-circuit state-law | On federal habeas review, a divided panel of the Ninth Circuit rejected Joseph Stanley's double jeopardy challenge to his retrial, holding that by fai… |
| 22-1185 | Anthony James Scott v. Georgia | Georgia | 2023-06-07 | Denied | Response Waived | brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct | Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's … |
| 22-1177 | Lindsay L. Lee v. New York | New York | 2023-06-05 | Denied | Response Waived | abuse-of-process constitutional-rights double-jeopardy due-process fair-trial judicial-misconduct mistrial retrial | The unwarranted declaration of a mistrial deprived the petitioner of her constitutional rights to a fair trial. The lower courts must assure that a mi… |
| 22-6833 | James Floyd v. Texas | Texas | 2023-02-22 | Denied | Response WaivedIFP | constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights | 1) Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on anindependent ground? 2) I… |
| 22-6753 | Andrew Mark Lamar v. Colorado | Colorado | 2023-02-10 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fourteenth-amendment juror-misconduct mistrial sixth-amendment | On direct-collateral review: WHETHER PETITIONER'S RIGHT TO A FAIR AND IMPARTIAL TRIAL WAS VIOLATED DUE TO JUROR MISCONDUCT. U.S. CONST. AMENDS. VI, XI… |
| 22-6677 | Philip J. Vonville v. Pennsylvania | Pennsylvania | 2023-02-01 | Denied | IFP | constitutional-rights due-process fifth-amendment fourteenth-amendment mistrial pennsylvania state-court-procedure state-courts | 1. Did state courts in Pennsylvania fail to address both Fifth and Fourteenth amendment (Due Process) violations of court record after a second trial… |
| 22-700 | Mark Howerton v. Texas | Texas | 2023-01-26 | Denied | criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct | This Court has long held that a mistrial declared in the face of manifest necessity does not generally prohibit a retrial under the Fifth Amendment. W… | |
| 22-5024 | Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2022-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard | 1. Whether the prejudice prong set forth in Strickland v. Washington, 466 U.S. 668 (1984), is established if a petitioner/defendant can demonstrate th… |
| 21-1584 | Martin Louis Ballard v. United States | Fourth Circuit | 2022-06-23 | Denied | Response Waived | drug-conspiracy due-process fair-trial fifth-amendment ineffective-assistance ineffective-assistance-of-counsel mistrial murder-for-hire sixth-amendment | Issue I: Is the right of Martin Ballard to due process of law under the Fifth Amendment and the right to a fair and impartial fact finder in his trial… |
| 21-7898 | Emilio Evalio Arenas v. Nevada | Nevada | 2022-05-17 | Denied | IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing | (1) After the Supreme Court of Nevada reversed the did the Court Order remanding the petitioner new Amendments Fire, Six, and Fourteen? (2) Did the S… |
| 21-7370 | Dante Leon Milon v. Tim Hooper, Warden | Fifth Circuit | 2022-03-15 | Denied | Response WaivedIFP | confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony | I) If there is a critical discrepancy within the record Is die transcript complete? And a new trial; permitted? Pg 26 2. A witness allowed to give a… |
| 21-7255 | James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-03-02 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing | 1)ASTHE T CIR. ERZ IN EFERING TO THE LOWER COUGTS DECISION THAT M2. HOPE TRIAL WAS HELA INTNE PRPPER COUNETY WNEN PROCF WAS PROVIE THAT HIS CBIME DCCU… |
| 21-6149 | Domingo Palma v. Massachusetts | Massachusetts | 2021-11-02 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment | Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele… |
| 21-356 | Jermain V. Richards v. Connecticut | Connecticut | 2021-09-07 | Denied | Response Waived | criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment hung-jury mistrial perez-v-united-states richardson-v-united-states | After Ramos v. Louisiana required unanimous juries to convict criminal defendants, only Oregon preserved nonunanimous jury verdicts in criminal cases,… |
| 21-5338 | Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-08-10 | Denied | IFP | constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure | PETTIONER'S INTERNET FALEBOOK PAGE AND SEEING HIS TAN AND WHITE OG WHEN THE PROSECUTOR RECEIVED THE DNA REPORT ON H/D/AOL ONE WEEK BEFORE FILING AFFID… |
| 21-5126 | Kevin Tyrell Beach v. Florida | Florida | 2021-07-16 | Denied | Response WaivedIFP | abuse-of-discretion constitutional-rights double-jeopardy due-process irreparable-harm mistrial pro-se pro-se-defendant right-to-counsel sanctions | Does it constitute "bad faith conduct " of "abuse of discretion ' when a judge denies a defendant 's numerous pre-trial requests for "stand-by " couns… |
| 20-6937 | Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2021-01-26 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy fourth-amendment habeas-corpus ineffective-assistance-of-counsel mistrial parole | 1 Did a Courts erred in the opinion that petitioners writ of habeas corpus was dismissed as unauthorized and successive federal relief? 2 The Double … |
| 20-686 | Michael Shock v. Arkansas | Arkansas | 2020-11-17 | Denied | Response Waived | brady-violation civil-rights constitutional-law discovery-violation double-jeopardy due-process equal-protection mistrial oregon-v-kennedy prosecutorial-misconduct standing statutory-interpretation | Are significant discovery and Brady violations by the prosecuting attorney, necessitating the grant of a mistrial, sufficient to invoke the double j… |
| 20-5693 | In Re Terron Garhard Dizzley | 2020-09-14 | Denied | Relisted (2)IFP | burden-of-proof constitutional-rights double-jeopardy fifth-amendment hung-jury jury mistrial trial-procedure unanimous-verdict | 1. Whether the judges ruling that the jury's failure to reach a unanimus decision was not a failure on the jury's part, (" That's actually a strong me… | |
| 19-7615 | William E. Vukich v. Unified Judicial System of Pennsylvania | Third Circuit | 2020-02-10 | Denied | IFP | appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process equal-protection incarceration judicial-interpretation mistrial probation sentencing | Question not identified. |
| 19-828 | Charles Garske, et al. v. United States | First Circuit | 2019-12-31 | Denied | Response Waived | constitutional-law criminal-procedure double-jeopardy government-misconduct manifest-necessity mistrial oregon-v-kennedy retrial united-states-v-perez | For purposes of determining whether the Double Jeopardy Clause bars a second prosecution, does the test enunciated in Oregon v. Kennedy, 456 U.S. 667 … |
| 19-6591 | In Re Kenneth Uncapher | 2019-11-12 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim | I. Was the Petitioner denied a fair trial where a member of the jury told the judge he was accosted outside of the courtroom by members of the victim'… | |
| 19-6495 | Brent Curtis Schwertz v. Richard Jennings, Warden | Eighth Circuit | 2019-11-05 | Denied | Response WaivedRelisted (2)IFP | accidental-discharge americans-with-disabilities-act brady-disclosure brady-violation criminal-procedure due-process expert-witness firearms-examination ineffective-assistance-of-counsel mistrial right-to-counsel strickland-standard | Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance … |
| 19-311 | Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. | Fourth Circuit | 2019-09-06 | Denied | Response RequestedResponse WaivedRelisted (9) | appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion | I. In review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double jeopardy protection bars retrial afte… |
| 19-5761 | Javon Laren Martin v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2019-08-30 | Denied | Response WaivedIFP | 14th-amendment civil-rights due-process equal-protection evidence jury-selection mistrial peremptory-strike racial-discrimination | Question not identified. |
| 19-5660 | Alfonso Sanchez v. Pennsylvania | Pennsylvania | 2019-08-21 | Denied | IFP | circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction | Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta… |
| 19-5146 | Isiah Edward Gilliam v. Michigan | Michigan | 2019-07-11 | Denied | IFP | discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense | WAS MR. GILLIAM DENIED DUE PROCESS AND A FAIR TRIAL WHEN THE PROSECUTION FAILED TO PROVIDE TIMELY DISCOVERY AS REQUIRED? WAS MR. GILLIAM DENIED THE R… |
| 18-9836 | Dwight Brown v. United States | Fourth Circuit | 2019-06-27 | Denied | Response WaivedIFP | allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review | 1. In the case below, the district court, upon motion by one defense counsel, granted a mistrial after a jury had been deadlocked and an Allen charge … |
| 18-9738 | Francisco Gonzalez Jose v. United States | Third Circuit | 2019-06-20 | Denied | Response WaivedIFP | alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo | When a juror cannot continue deliberations and an alternate juror is empaneled, Fed. R. Crim. P. 24(c)(3) dictates proceedings to follow. Does the Thi… |
| 18-9686 | Bobby Bordelon v. Texas | Texas | 2019-06-17 | Denied | Response WaivedIFP | appellate-conflict constitutional-issue criminal-procedure double-jeopardy fifth-amendment habeas-corpus manifest-necessity mistrial mistrial-standard texas-courts | There are three reasons petitioner contends that this Court should grant certiorari of this federal constitutional issue regarding whether the Fifth A… |
| 18-9630 | Michael Mancil Brown v. United States | Sixth Circuit | 2019-06-11 | Denied | Response WaivedIFP | 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights | Was the Petitioners 6th Amendment Righ ts to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu… |
| 18-9199 | Peter Alfred Perez v. Michigan | Michigan | 2019-05-09 | Denied | IFP | brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing | DID THE TRIAL COURT ABUSE ITS DISCRETION IN DENYING MR. PEREZ RELIEF FROM JUDGMENT WHERE HE WAS DENIED HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JURY B… |
| 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… |
| 18-1283 | Joseph Montano v. Texas | Fifth Circuit | 2019-04-10 | Denied | Response Waived | consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano | If the underlying reason for a sua sponte declaration of mistrial was in plain error, does Olano v. United States override the consent requirement of … |
| 18-8285 | Miguel Martinez v. Texas | Texas | 2019-03-05 | Denied | IFP | mistrial objective-facts oregon-v-kennedy prosecutorial-intent subjective-beliefs wheeler-factors criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-intent wheeler-factors | This Court held in Oregon v. Kennedy that the only time a defendant who successfully moves for a mistrial may later bar retrial is when he can prove t… |
| 18-8252 | Freddie Taylor v. United States | Ninth Circuit | 2019-03-04 | Denied | Response WaivedIFP | actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error | Whether The United States District Court And The Ninth Circuit Court Of Appeals Denied The Petitioner Relief Pursuant To The Issues Raised In A Petiti… |
| 18-8171 | Omar Alarcon Fuentes, aka Omar Fuentes Alarcon, aka Omar Ramales Quintero v. United States | Ninth Circuit | 2019-02-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process effective-assistance-of-counsel false-testimony grand-jury grand-jury-testimony ineffective-assistance-of-counsel mistrial right-to-counsel uncorroborated-admission uncorroborated-extrajudicial-admission | WHETHER PETITIONER'S CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WAS VIOLATED BY HIS TRIAL ATTORNEY'S FAILURE TO MOVE THE DISTRICT COURT T… |
| 18-8123 | In Re Ronnie Lee Fagan | 2019-02-25 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure criminal-trial defense-counsel double-jeopardy mistrial right-to-counsel sixth-amendment | QUESTION ONE Whether the trial court's exclusion of defense counsel when the grounds for mistrial were being considered: (a) denied the defendant an … | |
| 18-7479 | Farrell Haycraft v. Indiana | Indiana | 2019-01-17 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-instructions mistrial trial-court-error verdict verdict-modification | I. Did the Trial Court Err when it order the jurors to redeliberate after it reach a verdict of guilty and not guilty on all counts? |
| 18-6742 | Albert Uriah Mathis v. North Carolina | North Carolina | 2018-11-20 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct | Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? Can a fair trial be had when a deadline of 5pm the same day is pla… |
| 18-6626 | William Foley Miller v. Florida | Eleventh Circuit | 2018-11-08 | Denied | IFP | civil-rights due-process federal-habeas federal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mistrial procedural-default right-to-counsel state-appellate-review | bid Al-I - Us A y PJr-/ ss 8r r/ Cos X 4 b ,"± A c'i I A d L J A/o* Pocerie , T-<<; For R v / YA roc A U r xhus+-ed i4r PricurJ/Y bFu/i'ei) /6JM Tr A … |
| 18-6519 | Mariano Alvarez v. United States | Fifth Circuit | 2018-10-31 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion life-sentence mistrial plea-bargaining plea-negotiation recusal sentencing-guidelines | Can doubts in granting a Certificate of Appealability (cOA) be resolved in favor of the appellant when considering the severity of his life sentence? … |
| 18-6371 | Tyrell Henderson v. United States | Ninth Circuit | 2018-10-18 | Denied | Response WaivedIFP | credibility criminal-procedure evidence jury-instructions mistrial prior-conviction | Whether a mistrial should have been declared after the prosecutor improperly introduced evidence of the defendant's prior federal conviction where the… |
| 18-6270 | Cornelius Lynch v. Ohio | Ohio | 2018-10-10 | Denied | Response WaivedIFP | constitutional-law constitutional-protection criminal-procedure defendant-rights double-jeopardy double-jeopardy,criminal-procedure,constitutional- due-process mistrial retrial trial-procedure | May a state, consistent with the protections of the Double Jeopardy Clause, try a defendant a second time when the first trial ended in a mistrial whi… |
| 18-6251 | Lonnie James Pebley v. Colorado | Colorado | 2018-10-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court | I. WHETHER THE STATE TRIAL COURT AND APPELLATE COURT ERRONEOUSLY DETERMINED THAT THE FEDERAL DOUBLE JEOPARDY PROTECTION BARRING REPROSECUTION AS A RES… |
| 18-5563 | Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-08-13 | Denied | IFP | closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order | Before the trial, Petitioner's trial counsel filed a motion in limine, which was granted by the trial court. By adoption, the court ordered that, if t… |