murder
37 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24A132 | Kyle Trevor Flack v. Kansas | Kansas | 2024-08-06 | Presumed Complete | capital-punishment eighth-amendment kansas-supreme-court mitigating-factors murder sentencing | Question not identified. | |
| 24-5139 | Lamar McKay v. Jeff Tanner, Warden | Sixth Circuit | 2024-07-25 | Denied | Response WaivedIFP | constitutional-rights directed-verdict due-process first-degree-murder insufficient-evidence jury-verdict murder premeditation reasonable-doubt | I. WHERE THE TRIAL COURT DENIED PETITIONER, LAMAR LORENZO MCKAYS MOTION FOR A DIRECTED VERDICT ON FIRST DEGREE MURDER WHERE THE EVIDENCE PRESENTED WAS… |
| 23-6498 | Kevin Clayton v. United States | Eleventh Circuit | 2024-01-17 | Denied | Response WaivedIFP | conspiracy due-process fifth-amendment jury-instructions jury-trial murder racketeering racketeering-conspiracy sentencing sentencing-enhancement sixth-amendment | Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated when the District … |
| 22-6969 | Christopher Ashley Shetskie v. Colorado | Colorado | 2023-03-08 | Denied | IFP | criminal-law due-process fourteenth-amendment mens-rea mental-state murder murder-statute sixth-amendment | Question I: Whether the Sixth Amendment ' jury-trial guarantee, taken together with the Fourteenth Amendments ' right to due process require that the … |
| 22-5626 | James Earl Jones v. New Jersey | New Jersey | 2022-09-20 | Denied | Response WaivedIFP | aggravated-assault case-law criminal-law criminal-statute jurisdiction legal-procedure murder remand sexual-assault statutory-interpretation | 1: (A) WHETHER THE TERM "ON ANOTHER" AS UTILIZED IN N.J.S.A. 2C:14-2(a)(3) APPLY or (B) WHETHER N.J.S.A. 2C:14-2(a)(6) CONTROL IN PETITIONER 'S CASE… |
| 21-7376 | Khalil Stafford v. United States | Third Circuit | 2022-03-15 | Denied | Response WaivedIFP | double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar | 1. Does the Double Jeopardy Clause of the Fifth Amendment preclude a Federal petit jury from considering petitioners guilt for murder, in violation of… |
| 21-5853 | Noah Gaston v. Maine | Maine | 2021-10-01 | Denied | Response WaivedIFP | criminal-culpability due-process fourteenth-amendment general-intent intent mens-rea murder murder-statute specific-intent | 1. Does Maine's murder statute violate the Fourteenth Amendment to the United States Constitution because it does not require the state to prove beyon… |
| 21-5765 | Tyrus D. Coleman v. Ron Neal, Warden | Seventh Circuit | 2021-09-23 | Denied | Response WaivedIFP | attempted-murder constitutional-review double-jeopardy habeas-corpus judicial-procedure murder retrial self-defense state-court-review | 1. Whether, even after Wilson v. Sellers, 584 U.S. ___, 138 S. Ct. 1188 (2018), when the last state court to decide a prisoner's federal claim explain… |
| 21-5380 | Luke Edward Fleming v. Florida | Florida | 2021-08-17 | Denied | Response WaivedIFP | circumstantial-evidence cold-case constitutional-law criminal-procedure dna-evidence due-process evidence murder sexual-battery | Whether the Petitioner's convictions for murder and sexual battery violate the Due Process Clause of the United States Constitution because the eviden… |
| 21-5151 | Kenan Ivery v. Ohio | Ohio | 2021-07-21 | Denied | IFP | aggravated-murder criminal-conviction due-process essential-elements insufficient-evidence jury-removal murder reasonable-doubt trial-procedure | IS A PETITIONER DENIED DUE PROCESS OF LAW WHEN HE IS CONVICTED FOR OFFENSES OF WHICH THERE WAS INSUFFICENT EVIDENCE PRESENTED AT TRIAL TO HAVE FOUND H… |
| 20-8226 | In Re Francis Boyd | 2021-06-04 | Denied | IFP | criminal-procedure criminal-sentencing due-process habeas-corpus judicial-error jury-instruction jury-instructions miscarriage-of-justice murder murder-degrees third-degree-murder trial-procedure | 1). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE , THAT THEY CANNOT FIND PETITIONER GUILTY OF A CERTAIN DEGREE OF MURDER AFTER ENTERTAINING … | |
| 20-8004 | L. M. C. v. West Virginia | West Virginia | 2021-05-12 | Denied | Response WaivedIFP | brady-violation cause-of-death child-endangerment due-process expert-testimony failure-to-provide-necessities judgment-of-acquittal motion-for-judgment-of-acquittal murder murder-of-a-child w-va-code-61-8d-2a | 1. Is it a violation of due process for a trial court to deny a motion for judgment of acquittal when there is no proof of cause of death in a prosec… |
| 20-7837 | Sam Bradford v. Mississippi | Mississippi | 2021-04-23 | Denied | Response WaivedIFP | criminal-procedure due-process life-sentence miss-code-ann-47-314 murder plain-error sentencing trial-court | WheTher PeTiTionER's (Sam Bradford), Due Process of Law when plain error CommiTTed by The Trial CourT in was imposing SenTence for The naToral life a … |
| 20-6706 | Roberto Degollado v. Texas | Texas | 2020-12-23 | Denied | IFP | and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining | 1. Is a defendant's open plea of guilty to engaging in the knowing or intentional conduct required to prove a murder charge valid when the plea colloq… |
| 20-5196 | David McConnell v. Florida | Florida | 2020-07-31 | Denied | IFP | cooperation-with-state criminal-investigation criminal-procedure effective-assistance-of-counsel fourteenth-amendment ineffective-assistance-of-counsel murder murder-prosecution prosecutorial-conflict sixth-amendment | 1. Does counsel under the Fourteenth and Sixth Amendment have an obligation to effectively assist a defendants cooperation with the State in a murder… |
| 19-8821 | Jose Santiago-Ortiz v. United States | Second Circuit | 2020-06-25 | Denied | IFP | -criminal-organization -federal-criminal-law -murder-statute -organizational-intent -substantive-nexus #NAME? criminal-organization federal-criminal-offenses murder second-circuit sixth-circuit substantive-nexus | Whether federal criminal offenses that include, as an element, a substantive nexus between a charged murder and the defendant's alleged secure his pos… |
| 19-8771 | Michael A. Risenhoover v. William Muniz, Warden | Ninth Circuit | 2020-06-22 | Denied | Response WaivedRelisted (2)IFP | 28-years-to-life criminal-procedure due-process first-degree-murder first-time-offender judicial-discretion murder prior-criminal-history proportionality public-message sentencing sentencing-guidelines | 1) Does SENTENCING A FIRST TIME OFFENDER WITHOUT HAS NO PRIOR CRIMINAL HISTORY TO 28 YEARS TO LIFE SEND A DANGEROUS MESSAGE TO THE PUBLIC AND FUTURE O… |
| 19-7973 | Quincy Chisolm v. Maryland | Maryland | 2020-03-12 | Denied | IFP | appeal civil-rights conspiracy conviction criminal-procedure due-process first-degree-murder judicial-discretion mitigating-circumstances murder sentencing trial-court-error | in s4/'6'cx-f -fAc_ -fhoAaf £&n 5p*ro-ci>j -fo nouirMr ^ 6>/n/nf4- murder ir\ */Ae fiirs^ deyrc-e, ' cm^Un -b •lUyJ WWe./* -/-Ac- dnio.1 ^oo>rt err //… |
| 19-7571 | Richard Williams v. Tony Mays, Warden | Tennessee | 2020-02-05 | Denied | Response WaivedIFP | burden-of-proof constitutional-law constitutional-standard criminal-procedure due-process evidence murder murder-investigation presumption statutory-interpretation statutory-presumption venue | Whether, as applied to the facts of this case, the statutory presumption if a body of a murder victim found within the state, the death is presumed to… |
| 19-7308 | Jerry Lynn McGavitt v. Texas | Texas | 2020-01-17 | Denied | IFP | 14th-amendment criminal-law criminal-mental-state due-process jury-charge jury-instructions law-of-parties mens-rea murder murder-prosecution | 1.) Whether the failure to limit the definitions, in the abstract portion of the jury charge, of "Intentionally" and "Knowingly" to the nature of th… |
| 19-7183 | Malcolm William v. Pennsylvania | Pennsylvania | 2020-01-06 | Denied | Response WaivedIFP | causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree | 1. Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree, as *there is insufficient evidence to sust… |
| 19-7093 | Oscar Ibarra v. Nick Ludwick, Warden | Eighth Circuit | 2019-12-31 | Denied | Response WaivedIFP | conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment | I. Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented bot… |
| 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 … |
| 19-6621 | Jaquan Walters v. United States | Second Circuit | 2019-11-13 | Denied | Response WaivedIFP | 9th-circuit criminal-law deadly-force due-process federal-common-law imperfect-self-defense manslaughter murder murder-mitigation self-defense unreasonable-belief voluntary-manslaughter | Does "imperfect self-defense," which mitigates murder to voluntary manslaughter where the defendant "intend[ed] to use deadly force in the unreasonabl… |
| 19-6176 | Christopher Harris v. United States | Sixth Circuit | 2019-10-07 | Denied | Response WaivedIFP | criminal-law due-process evidence murder pecuniary-gain rico rico-enterprise sixth-circuit statutory-interpretation vcar vcar-offense | I. Should a Writ of Certiorari Issue Because the Sixth Circuit Ignored the Uncontroverted Evidence and its own Analysis of the VCAR Motives to Conclud… |
| 19-6107 | Robert B. Ledbetter v. United States | Sixth Circuit | 2019-10-01 | Denied | Response WaivedIFP | conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence | 1. Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges? And 2. Whether a… |
| 18-8858 | Aspen Warren v. Texas | Texas | 2019-04-16 | Denied | IFP | criminal-procedure due-process evidence-sufficiency jury-unanimity manner-and-means murder murder-conviction state-criminal-law state-statutes statutory-interpretation sufficiency-of-evidence | IN A MURDER CASE WHERE UNDER STATE STATUTES A JURY NEED NOT BE UNANIMOUS AS TO MANNER AND MEANS AND ARE ALLOWED TO CHOOSE FROM THREE SEPARATE MANNER A… |
| 18-8063 | Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-02-25 | Denied | IFP | aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment | In Texas, a person who commits aggravated assault - family violence by causing serious bodily injury to his girlfriend with a deadly weapon is subject… |
| 18-7936 | Jaquan Henderson v. Greg Skipper, Warden | Sixth Circuit | 2019-02-13 | Denied | Response WaivedIFP | affirmative-defense constitutional-law criminal-law criminal-procedure duress legal-justification murder statutory-interpretation | WHETHER DURESS IS AN AFFIRMATIVE DEFENSE PRIOR TO AN OCCURRE NCE OF MURDER? |
| 18-7834 | Brent William Bogseth v. Michigan | Michigan | 2019-02-07 | Denied | IFP | 14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination | I. If there is no evidence to show that a defendant actvally Committed the offense of Murder Can premedifation and deliberation then exist as the lowe… |
| 18-7802 | Michael Hopson v. United States | Fourth Circuit | 2019-02-07 | Denied | Response WaivedIFP | aid-of-racketeering attempted-murder constitutional-claims criminal-intent criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-circuit insufficient-evidence murder pattern-of-racketeering racketeering-conspiracy | Whether the evidence at trial was insufficient to convict Petitioner of the racketeering conspiracy where the United States failed to prove Petitioner… |
| 18-6697 | Kevin Marquette Bellinger v. United States | Fourth Circuit | 2018-11-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence | Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where… |
| 18-6672 | Marciano Millan Vasquez, aka Chano v. United States | Fifth Circuit | 2018-11-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | aiding-and-abetting drug-conspiracy due-process kingpin-statute murder | Whether the extraterritorial application of 21 U.S.C. § 848(e)(1)(A) to murders occurring wholly outside the United States violates the presumption ag… |
| 18-6663 | Esau Escobar v. Illinois | Illinois | 2018-11-13 | Denied | IFP | appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence | I. The Appellate Court holding the Petitioner a bar ce ae =e led To 4 Secinos Provocation lastcvetion tio. Becanse He Tstified that He Anted cust Opoc… |
| 18-6635 | Eddie Hampton v. California | California | 2018-11-08 | Denied | IFP | criminal-procedure criminal-procedure-error felony-murder first-degree-murder jury-instruction jury-instructions murder natural-and-probable-consequence natural-probable-consequence prejudice-standard premeditated-murder standard-of-prejudice | Ft] he jury was rroneousiy insLrjted on (a) Murder as a ui :ural and p:5able consq:ience per pe0p.e VS enLu SY al 4 Lb 5 172 caL Rptr 3d 438 325 P .3d… |
| 18-5116 | Benjamin A. Gibbs v. United States | Fourth Circuit | 2018-07-05 | Denied | Response WaivedIFP | civil-procedure due-process jurisdiction life-sentence murder patent retroactive-application sentencing-guidelines standing takings uncharge-offense | DENYING A CERTIFICATE OF APPEALABILITY SHOULD THE JUDGMENT BE VACATED IN LIGHT OF BUCK V. DAVIS, 137 SCT 759 (2017), WELCH V. UNITED STATES, 136 SCT 1… |
| 18-5123 | Eric Glenn Parker v. United States | Fifth Circuit | 2018-07-05 | Denied | Response WaivedIFP | aiding-abetting aiding-and-abetting conspiracy criminal-conviction criminal-procedure district-court jurisdiction murder murder-charge rico rico-conspiracy sixth-amendment venue venue-proof | 1. Was Venue Proven To Convict Eric Glenn Parker Of Conspiracy To Commit RICO- In The Northern District Of Mississippi? 2. Was Venue Proven To Convic… |