new-trial

72 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24A1198 James Randall Rogers v. Georgia Georgia 2025-06-05 Presumed Complete bitemark-evidence capital-punishment constitutional-due-process death-penalty new-trial recantation Question not identified.
23-7739 Cary Joseph Heath v. Texas Texas 2024-06-17 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony Question not identified.
23-7708 Joshua Peters v. United States Third Circuit 2024-06-13 Denied Response WaivedIFP burden-shifting constitutional-law criminal-procedure due-process government-misconduct new-trial presumption-of-innocence prosecutorial-misconduct trial-order Before trial, the district court barred the Government from commenting that the defense had the opportunity to conduct independent forensic testing on…
23-7613 Tre' Anthony James v. Louisiana Louisiana 2024-06-03 Denied IFP appellate-review due-process factual-sufficiency jackson-standard jackson-v-virginia law-of-the-case legal-sufficiency new-trial Is it reversible error when an appellate court overturns a trial court's grant of a new trial when, first, the decision to grant or deny a motion for …
23-7433 Gary Allen Kachina v. United States Eighth Circuit 2024-05-09 Denied Response WaivedIFP appellate-review civil-procedure constitutional-law criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure habeas-corpus new-trial standard-of-review Question not identified.
23-7398 Jamaal Parker v. United States Sixth Circuit 2024-05-07 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure judicial-discretion new-trial new-trial-standard preservation-of-error reversible-error sentencing sentencing-explanation This Petition implicates two splits in the Circuits. First, a district judge can grant a new criminal trial "if the interest of justice so requires."…
23-7316 David James Lack v. Rob Bonta, Attorney General of California Ninth Circuit 2024-04-26 Denied IFP case-document civil-rights court-filing due-process judicial-process juror-misconduct jury-selection legal-document new-trial petition prosecutorial-misconduct related-cases J-UR.PR. VA'.sce>u<WV.* skouli jvroa-. £e.tJe u_?kz> uA>rk«_c[ k<f_5 UJ>/)y '-f > fO ^f,ne0 b«. 46^d -Ho; |. Kift+ cLise.Us«- k ■<£- krxtccj -H\e_ t?i…
23-7008 Lawrence Martin v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2024-03-18 Denied Response WaivedIFP 6th-amendment brady-violation civil-rights criminal-procedure due-process exculpatory-evidence federal-court new-trial relief trial-rights Federal Question / Did THE Supreme Court of THE UNITED STATES MAIL MARTIN PROBS IN FV\S I / fi / 2.6 22. , AaJSO U /\l/Z07Z LE6AC ivuv-lt^ , \M<Vs MMC…
23-5901 Albert Randolph v. Texas Texas 2023-10-27 Denied IFP appellate-review criminal-procedure due-process habeas-corpus ineffective-assistance new-trial Court of Criminal Appeals error denying Writ of Habeas Corpus for New Trial. Court of Criminal Appeals error denying Motion for New Trial.
23-414 Devon Archer v. United States Second Circuit 2023-10-19 Denied Amici (1) circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence 1. Federal Rule of Criminal Procedure 33 permits a district court to order a new trial "if the interest of justice so requires." The district court he…
23-5648 Frank Nucera, Jr. v. United States Third Circuit 2023-09-26 Denied Response WaivedIFP due-process equal-protection evidentiary-hearing juror-misconduct jury-deliberations new-trial new-trial-motion racial-bias third-circuit-court voir-dire 1. Did the Third Circuit err by upholding the denial of Petitioner's motion for new trial or an evidentiary hearing based on juror affidavits which es…
23-5013 Brian Jury v. Ohio Ohio 2023-06-30 Denied Response WaivedRelisted (3)IFP brady brady-violation civil-rule-60b due-process evidence evidence-suppression indigent-defendant new-trial new-trial-motion possession suppression This case poses a pressing issue of national importance. Did the Ohio Sixth District Court of Appeals impose an improper and unduly burdensome standar…
22-7374 Earl McCoy v. United States Second Circuit 2023-04-26 Denied IFP court-of-appeals due-process false-statements juror-bias jury-selection mcdonongh-test mcdonough-standard new-trial sixth-amendment voir-dire 1. Whether the Court of Appeals misapplied this Court's holding in McDonough in finding that juror J.B. was an unbiased juror. 2. Whether the Court o…
22-637 In Re Larry Elliot Klayman 2023-01-11 Denied Response WaivedRelisted (2) appellate-procedure civil-rights court-intervention due-process injunctive-relief judicial-misconduct judicial-review mandamus new-trial standing Petitioner Larry Klayman filed a lawsuit styled Klayman v. Rao et al., 21-cv-2473 (D.D.C.) (the "Rao Case") in the U.S. District Court for the Distric…
22-6486 Atiq Weston v. Michael Capra, Superintendent, Sing Sing Correctional Facility Second Circuit 2023-01-09 Denied Response WaivedIFP constitutional-claims constitutional-rights dna-testing due-process extraordinary-relief false-evidence false-testimony guilty-plea new-trial newly-discovered-evidence post-conviction Question not identified.
22-6046 Terrioues Owney v. United States Fifth Circuit 2022-11-14 Denied Response WaivedIFP appellate-review brady-disclosure brady-v-maryland constitutional-rights cooperating-witness due-process late-disclosure materiality materiality-standard new-trial witness-credibility Did the United States Court of Appeals for the Fifth Circuit deny Owney's right to constitutional due process by applying an erroneous standard in ass…
22-5054 Tyrik Upchurch v. United States Third Circuit 2022-07-08 Denied Response WaivedIFP appellate-review due-process evidence-rules expert-testimony expert-witness-testimony judicial-procedure judicial-proceedings lay-witness-testimony new-trial standard-of-review third-circuit trial-error Did the Court of Appeal s for the Thi rd Ci rcuit so far depart from the accepted and usual course of judi cial proceedi ngs, or sancti oned such a de…
21-1319 Mark Nordlicht and David Levy v. United States Second Circuit 2022-04-04 Denied Amici (1) credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3…
21-7067 Kimmie Dwayne Baker v. Arizona Arizona 2022-02-08 Denied Response WaivedRelisted (2)IFP certiorari-review criminal-procedure due-process electronic-surveillance evidence exculpatory-evidence government-misconduct government-response judicial-procedure new-trial new-trial-motion surveillance 1. Shola the Inoldina of Uritted States Ve Elbechnact SYe le. VL (2005), " thak im his Case Coovermment Vieo\eeready bo Yespond, and Yor Contest Whe m…
21-6973 Larry Lee Jacks v. Warden Lynch Ninth Circuit 2022-01-26 Denied Relisted (2)IFP brady-v-maryland case-procedure civil-rights constitutional-provision due-process exculpatory-evidence judicial-review legal-jurisdiction new-trial prosecutorial-misconduct statutory-interpretation Question not identified.
21-6490 Earl McCoy v. United States Second Circuit 2021-12-02 GVR Relisted (2)IFP appellate-review crime-of-violence fair-trial hobbs-act impartial-jury juror-bias jury-impartiality mcdonough-standard new-trial sixth-amendment Whether the Court of Appeals erred in analyzing the Petitioner's Sixth Amendment right to trial by a fair and impartial jury by only applying the McDo…
21-5894 Jeffrey Richard Martinson v. Arizona Arizona 2021-10-05 Denied Response WaivedIFP acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal Whether the Double Jeopardy Clause of the Fifth Amendment bars retrial where the trial court dismissed the case with prejudice for bad faith prosecuto…
21-447 Matthew Nix v. United States Second Circuit 2021-09-22 GVR Relisted (2) actual-bias categorical-approach crime-of-violence criminal-procedure hobbs-act implied-bias juror-bias juror-dishonesty mcdonongh-power-equipment mcdonough-standard new-trial new-trial-standard 1. Whether a new trial is warranted pursuant to this Court's decision in McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548 (1984), only upon …
21-5529 Amando Martinez Montealvo v. Iowa Iowa 2021-08-30 Denied Response WaivedIFP criminal-procedure juror-bias new-trial presumed-bias sex-abuse trial-rights voir-dire Does the presumed bias doctrine require a new trial when a juror who was a victim of sex abuse lies during voir dire to serve in a criminal sex abuse …
20-8392 Dmitry Pronin v. Troy Johnson, et al. Fourth Circuit 2021-06-23 Denied Response WaivedIFP civil-rights due-process evidence federal-rules-of-civil-procedure mistake new-trial (1) Did such "translator" malfunction and or Rule 608 Fed.R.Civ.P. prohibit such to allow "mistranslation"? (2) Inadvertent U (Under Rule 608 Fed.R.C…
20-1644 Devon Archer v. United States Second Circuit 2021-05-26 Denied Amici (1) appellate-review criminal-procedure evidence-weighing federal-rule-of-criminal-procedure jury-discretion jury-verdict miscarriage-of-justice new-trial new-trial-motion second-circuit Does Federal Rule of Criminal Procedure 33(a) afford district courts discretion to reweigh the evidence when evaluating a new trial motion, as eleven …
20-8105 Daniel Littlepage v. First District Court of Appeals of Ohio Ohio 2021-05-24 Denied Response WaivedIFP appellate-review due-process judicial-bias new-trial structural-error trial-procedure 1. Is a Petitioner Entitled to a New Trial when the "Bias" and "Partial" behavior of a Trial Judge exceeds the Requirement to prove "Structural" Err…
20-7199 Maurice Duncan Burks v. United States Sixth Circuit 2021-02-22 Denied Response WaivedIFP appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies…
20-417 Sanjay Bhardwaj v. State Bar of California California 2020-10-01 Denied Response Waived appellate-review civil-procedure civil-rights due-process fifth-amendment forgery new-trial new-trial-motion standing state-bar trial-transcripts Two questions are presented: 0 Can California State Bar Court consider trial transcripts which are not certified, are false and product of antecedent…
20-5764 Rodney Berryman, Sr. v. Robert K. Wong, Warden Ninth Circuit 2020-09-23 Granted Relisted (2)IFP counsel-representation dna-evidence ineffective-assistance-of-counsel interlocutory-appeal judicial-error motion-denial new-trial ninth-circuit prejudice pro-se pro-se-motion Did the Ninth Circuit error by finding no basis for Interlocutory Appeal, (at 9th Cir. No. 02-80106) And after judgment refusing to allow petitioner t…
20-5712 Marcus Vernell Coleman v. Darrel Vannoy, Warden Fifth Circuit 2020-09-16 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington 1. Did the federal Fifth Circuit Court of Appeal "apply " the correct legal standard in accordance to Strickland's prejudicial prong when petitioners)…
19-8920 Deshawn Colbert v. Sherry L. Burt, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment THE APPELANT'S RIGHT TO CONFRONTATION PURSUANT TO THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION WAS VIOLATED AS A RESULT OF INEFFECTIVE ASSIST…
19-1395 Raleigh Rogers v. Discover Bank North Carolina 2020-06-19 Denied Response Waived civil-procedure due-process fraud misconduct misrepresentation new-trial north-carolina-rules pro-se relief-from-judgment DOES "PRO SE" MEAN "NO SAY " OR ARE EVEN PRO SE LITIGANTS ELIGIBLE FOR RELIEF FROM JUDGMENT AND A NEW TRIAL PURSUANT NC §1A- 1RULE 60(b)(3) WHEN COURT…
19-8746 Scott A. Group v. Ohio Ohio 2020-06-18 Denied IFP capital-defendant capital-punishment dna-evidence due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-trial trial-court 1. Does a state court deprive a capital defendant due process of law when it denies the defendant's request to present new evidence to challenge the c…
19-8546 Annamalai Annamalai and Parvathi Sivanadiyan v. United States Eleventh Circuit 2020-05-27 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process evidence-sufficiency federal-jurisdiction judicial-error new-trial procedural-misconduct prosecutorial-misconduct A. whether the Eleventh circui+ court of Appeals has so Far departed from the accepted and usual course of Judicial pvoceedings and/ox sanctioned Such…
19-1120 Monette E. Saccameno v. Ocwen Loan Servicing, LLC, et al. Seventh Circuit 2020-03-13 Denied Response Waived 7th-amendment appellate-review circuit-court civil-rights due-process judicial-review new-trial punitive-damages reexamination-clause remittitur seventh-amendment I. Does the Reexamination Clause of the Seventh Amendment allow the Circuit Court to fix the amount of punitive damages without offering a remittitur …
19-7877 Tyrone Rogers v. Josie Gastelo, Warden Ninth Circuit 2020-03-05 Denied IFP Conflict-counsel Enhanced-sentence In-custody in-custody-determination ineffective-assistance Ineffective-assistance-of-counsel new-trial ninth-circuit-conflict procedural-default Procedural-defaults sentencing-error Sexual-elements Has the U.S. Ninth Court of appeals entered a decision in conflict with the decisions of other U.S. court of appeals on the important subject of "se…
19-7767 Octavio Torres Ortega v. Florida Attorney General, et al. Eleventh Circuit 2020-02-26 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors QUESTION ONE SHOULD ANY OF THE REVIEWING COURT 'S HAVE REVERSED FOR AN EVIDENTIARY HEARING TO DEVELOP AN ACCURATE FACTUAL RECORD QUESTION TWO WAS C…
19-7723 James William Brammer v. Raymond Madden, Warden Ninth Circuit 2020-02-20 Denied Response WaivedIFP certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari HI. DOES THE SIXTH AMENDMENT'S RIGHT TO COUNSEL, INCLUDE APPOINTMENT OF COUNSEL FOR PROSECUTION OF MOTION FOR A NEW TRIAL? 112. IS A MOTION FOR A NEW…
19-7563 Terry Glynn Speed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-06 Denied IFP civil-rights constitutional-violation due-process evidentiary-hearing habeas-corpus new-trial perjury racial-bias trial-procedure Question one. On remand claim by Petitioner under Petitioner v. for reasons of Potential racial Prejudice (D) Pled with Consisted Perjured x and confl…
19-958 Bahar Mikhak v. University of Phoenix, Inc. Ninth Circuit 2020-01-30 Denied Response Waived clear-and-convincing-evidence counsel-negligence dismissal-with-prejudice fraud-on-court fraud-on-the-court frcp-60(b)(3) frcp-60b new-trial pro-se-litigant procedural-due-process Fraud on the Court: Plaintiff discovered fraudulent and material misrepresentation perpetrated by the opposing party. However, the district court is…
19-922 Donnie Cleveland Lance v. Georgia Georgia 2020-01-23 Denied capital-punishment dna-testing due-process eighth-amendment equal-protection extraordinary-motion fourteenth-amendment innocence-claim new-trial 1. Was petitioner denied due process and equal protection under the Fourteenth Amendment by the state courts' imposition of extra-statutory requiremen…
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…
19-6953 Donovan G. Davis, Jr. v. United States Eleventh Circuit 2019-12-16 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure The Constitution guarantees the assistance and choice of counsel for a critical-stage in a criminal proceeding. Ancient statute guarantees every indiv…
19-6709 Adam L. Acosta v. Colorado Colorado 2019-11-21 Denied Response WaivedIFP constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 Whether the Court of Appeals misconstrued Rule 35(c)(3)(VII), Colorado Rules of Criminal Procedure, in declining to consider a claim of ineffective as…
19-6392 Jeffrey F. Evers v. Brian Foster, Warden Seventh Circuit 2019-10-25 Denied Response WaivedIFP appeals civil-procedure civil-rights criminal-procedure due-process federal-courts first-amendment free-exercise habeas-corpus merits-based-decision new-trial procedural-default public-accommodation religious-freedom same-sex-marriage standing state-licensing me issues responding to a no-merit repart that doesint sion with respect of allclaims raised by Evers' ere was never a weapon pruduce. the Sixth Amend…
19-5846 Joshua Eric Townley v. Texas Texas 2019-09-06 Denied IFP appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure Whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution once he grants an Order on motion for New T…
19-5814 Luis Armando Mesta v. John Myrick Ninth Circuit 2019-09-04 Denied Response WaivedIFP appellate-advocacy appellate-procedure constitutional-rights counsel-performance ineffective-assistance ineffective-assistance-of-counsel new-trial sixth-amendment sixth-amendment-right-to-counsel state-court-deference state-court-review strickland-v-washington Twelve days after Mr. Mesta's appellate brief was filed, the Oregon Supreme Court took review of a legal principle that was at issue in Mr. Mesta's ca…
19-5609 Marlin Chin and Patrick E. Lee v. United States District of Columbia 2019-08-16 Denied Response WaivedIFP decades-old-case evidentiary-presumption judicial-discretion missing-evidence motion-for-new-trial new-trial presumption-of-impropriety trial-court-error witness-fees witness-vouchers Whether the trial court erred in denying a Motion for New Trial when witness vouchers issued for payment of witness fees in a decades old case could n…
19-5323 Edwardo De Juan v. Florida Florida 2019-07-24 Denied IFP civil-rights constitutional-provisions criminal-conviction criminal-procedure due-process equal-protection habeas-corpus judicial-review legal-jurisdiction new-trial post-conviction procedural-rights standing state-court statutory-provisions WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS WERE VIOLATED WHEN POSTCONVICTION MOTION WHERE CASE ELEMENTS FILED OR EXIST8 AND (B) CONFLICT EXISTS IN DEC…
18-9712 Noe Juarez v. United States Fifth Circuit 2019-06-18 Denied Response WaivedIFP conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct (1) What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new t…
18-9465 Beth Galloway v. United States Eighth Circuit 2019-05-29 Denied Response WaivedIFP aiding-and-abetting criminal-intent criminal-law eighth-circuit evidence evidence-sufficiency financial-transaction financial-transactions insurance-fraud judgment-of-acquittal motion-for-acquittal motion-for-new-trial new-trial I. WHETHER A JUDGMENT OF ACQUITTAL SHOULD HAVE BEEN GRANTED ON COUNTS 1 AND 2 BECAUSE THERE WAS NO EVIDENCE THAT MS. GALLOWAY KNEW THAT THE MARTELLE H…
18-8916 Steven Lawrence Wright v. California California 2019-04-19 Denied IFP abuse-of-discretion burden-of-proof criminal-procedure criminal-trial due-process fifth-amendment jury-instruction jury-instructions legal-standard motion-for-new-trial new-trial standard-of-review As to Count 1 the murder conviction, Did the trial court's erroneous jury instruction of CALCRIM No. 301 lower the prosecution's burden of proof stand…
18-8573 Early A. Atterberry v. John Varga, Warden Seventh Circuit 2019-03-27 Denied IFP appeals civil-procedure constitutional-rights criminal-procedure-rule-52b due-process equal-protection fair-trial harmless-error jury-prejudice new-trial other-crimes-evidence rule-52b standing Whether the Court erred in properly applying Rule 52(b) to the issue of Harmless Error raised by the petitioner during the numerous appeals pursued. …
18-8236 Robert L. Bianchi v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-03-04 Denied Response WaivedIFP 10th-amendment 28-usc-2244(d)(2) civil-procedure due-process federal-court federal-procedure filing-requirements habeas-corpus mass-rule-25(b)(2) motion-for-new-trial motion-for-reduction-in-verdict new-trial state-court state-court-requirements statutory-interpretation Whether the United States District Court/United States Court of Appeals violated the 10th Amendments of the United States Constitution when they creat…
18-8207 Wayland Lynn Dilts v. Michigan Michigan 2019-03-01 Denied IFP constitutional-rights courtroom-closure criminal-procedure due-process fair-trial fundamental-fairness new-trial public-trial secret-trial sixth-amendment trial-fairness During Petitioner's jury trial, in state court, the prosecutor requested that the trial court "close the courtroom For that reason, the trial court th…
18-8037 Jerry Anthony Brandon, aka Jerry L. Brandon v. Louisiana Louisiana 2019-02-20 Denied IFP constitutional-rights due-process effective-assistance-of-counsel equal-protection ineffective-assistance involuntary-absence medical-emergency new-trial sixth-amendment trial-absence voluntary-absence Was the Petitioner's 5th 6th & 14th amendment rights, to the Constitution of the United States violated when? ONE. Petitioner's defense counsel faile…
18-7769 Demetrius Hill v. United States Second Circuit 2019-02-06 Denied Response WaivedIFP brady-violation constitutional-rights due-process exculpatory-evidence government-misconduct ineffective-assistance-of-counsel ineffective-counsel new-trial sentencing sentencing-enhancement sixth-amendment witness-credibility witness-vouching Do exculpatory recordings that were purposefully withheld by the government warrant a new trial? Did the district court err in failing to determine t…
18-7303 Joel Rivera v. United States Seventh Circuit 2019-01-08 Denied Response WaivedIFP advance-knowledge aiding-and-abetting armed-robbery credibility-of-witness credible-witness criminal-intent due-process evidence firearm-use new-trial prosecutorial-discretion seventh-circuit witness-credibility WHETHER ROSEMOND V. UNITED STATES, 134 S.Ct. 1240 (2014), WAS WRONGLY INTERPRETED AND APPLIED BY THE SEVENTH CIRCUIT COURT OF APPEALS WHEN IT UPHELD M…
18-6700 Michael DePietro v. Allstate Insurance Co., et al. New Jersey 2018-11-14 Rehearing Response WaivedRelisted (2)IFP appeal case-law civil-procedure civil-rights court-procedure due-process equal-protection fair-trial judicial-bias legal-reconsideration motion-denial new-trial reconsideration standing trial-fairness Judge Jose Fuentes his opinions of my case are all denials. The first one on October 26, 2015 he denied me case law. Then on October 20, 2017 he denie…
18-6591 Leslie Chin v. United States Eleventh Circuit 2018-11-06 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-diligence due-process equal-protection federal-courts new-trial newly-discovered-evidence standard-of-review trial-procedure Whether the Equal Protections Clause is violated when there is a conflict amongst the federal circuit courts of appeal dealing with what a defendant i…
18-423 Christopher Barrella v. Village of Freeport, New York, et al. Second Circuit 2018-10-03 Denied circuit-split civil-procedure civil-rights damages due-process federal-rules-of-civil-procedure golden-rule-argument jury-instructions liability liability-determination new-trial standing May a lawyer tell the jury to render the verdict they would want if they were in the shoes of a party or another person with an interest in the case? …
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the Defendants' Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively…
18-5963 Steve Kassab v. S. Skinner, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP civil-procedure civil-rights discovery due-process excessive-force law-enforcement-misconduct new-trial qualified-immunity standing summary-judgment trial-procedure WHETHER THE DISTRICT COURT'S DISMISSAL OF ALL BUT 2 DEFENDANTS CAUSED PREJUDICE TO PETITIONER? WHETHER THE JURY'S VERDICT IS CONTRARY TO THE CLEAR WE…
18-5953 Antowan Thorne v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony SHOULD WRIT OD CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR NEW TRIAL OR EVIDENTIARY HEARING WHEN COUNSEL FAI…
18-5697 James R. Reece v. L. Ray Whitley, et al. Sixth Circuit 2018-08-22 Denied IFP criminal-procedure criminal-proceedings critical-stage indigent-prisoner new-trial post-trial pre-appeal right-to-counsel sixth-amendment subject-matter-jurisdiction 1. Whether a post-trial pre-appeal motion for new trial filed by an indigent prisoner is a critical stage of state criminal proceedings protected by r…
18-200 Michigan v. Charles Damon Jones Michigan 2018-08-15 Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Irreconcilable jury verdicts are not grounds for relief, and courts are not to speculate as to why a jury returned an inconsistent verdict. Respondent…
18-5527 Jesus Alejandro Chavez, aka Chuy v. United States Fourth Circuit 2018-08-09 Denied Response WaivedIFP brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense 1. The Fourth Circuit contends in its decision that the Appellant failed to establish that the alleged Brady violation was material. Is the decision b…
18-5438 Ulriste Tulin v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification I. Is an out of court identification of a defendant unduly suggestive and unreliable when the police twice showed the victim the same distorted image …
18-5148 Marcus Blalock v. Ohio Ohio 2018-07-06 Denied Response WaivedIFP actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE TRIAL COURT FAILED TO FOLLOW THE LAW OF THE CASE DOCTRINE FROM A PREVIOUS APPE…
18-5139 Donald Keith Runnels v. Presley Bordelon, Warden Fifth Circuit 2018-07-06 Denied Relisted (2)IFP appeals civil-rights criminal-procedure double-jeopardy due-process ex-post-facto habeas-corpus new-trial sentencing i May t pe Ct hon in this matter? 2) May the nde ont he men appliction ild on 02-04-2014. No.4:4-42 in h U.S.D.C.S.ATX. was timly,and setifies the t…
18-36 Gregory Brice v. United States District of Columbia 2018-07-06 Denied alternate-suspect brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence motive motive-evidence new-trial post-trial-confession suppressed-evidence Petitioner was convicted of murder based on conflicting eyewitness testimony. The government's witnesses put petitioner at the scene of the crime. Pet…