new-trial-motion
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5917 | Thomas Avery Drum v. United States | Eighth Circuit | 2025-10-20 | Denied | Response WaivedIFP | criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence | When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 23-6494 | Lewis Dean Armstrong v. United States | Ninth Circuit | 2024-01-17 | Denied | Response WaivedIFP | circuit-split competency-standard competency-to-assist-counsel due-process excusable-neglect federal-rules-of-criminal-procedure new-trial-motion pioneer-factors pioneer-investment-services-co-v-brunswick-associa rule-33 | This petition is concerned with the denial of a new trial motion under Rule 33(b)(1) of the Federal Rules of Criminal Procedure, filed well after the … |
| 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… |
| 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… |
| 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 … |
| 20-417 | 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… |
| 19-8439 | Marijan Cvjeticanin v. United States | Third Circuit | 2020-05-12 | Denied | Response WaivedIFP | brady-violation catch-me-if-you-can criminal-procedure due-process kyles-standard kyles-v-whitley materiality-standard new-trial-motion perjury rule-33 trial-perjury | 1) BRADY VIOLATIONS - "CATCH ME IF YOU CAN" - When, in direct violation of the district court's specific discovery order, the Government fails to turn… |
| 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… |
| 18-8425 | Henry Johnson Lucas, Jr. v. Virginia | Virginia | 2019-03-14 | Denied | Response WaivedIFP | appeals brady-violation civil-procedure civil-procedure-appeal-timeliness-dismissal-rules- constitutional-violation due-process evidence-suppression new-trial-motion procedural-error prosecutorial-misconduct rules-of-court standing timeliness | Did the Virginia Supreme Court rule erroneously in dismissing netitioner's aDDeal as being untimely under Rule 5:9(a) of the Supreme Court of Virginia… |