plea-bargaining

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6521 Romeo Valentin Sanchez v. United States Eleventh Circuit 2026-01-09 Denied Response WaivedIFP constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-review plea-bargaining sentencing-exposure 1. May a conviction be overturned if Counsel gave erroneous advice regarding a sentence exposure that induced Petitioner to reject a favorable plea of…
25-5992 In Re Roger Larry McCluer 2025-10-30 Denied IFP capital-murder constitutional-rights criminal-procedure habeas-corpus ineffective-assistance plea-bargaining 1. WHETHER OR NOT COUNSEL'S ADVICE TO PETITIONER, TO FOREGO A TWENTY (20) YEAR PLEA OFFER, WHEN THE STATE THREATENED TO RE-VISIT THE "CAPITAL MURDER" …
25-525 Damion Anthony Delapena v. Florida Department of Corrections Eleventh Circuit 2025-10-29 Denied Response Waived constitutional-rights criminal-procedure evidence-suppression habeas-corpus ineffective-assistance-of-counsel plea-bargaining 1. Does federal habeas petitioner make a "substantial showing of the denial of a constitutional right" under 28 U.S.C. § 2253(c)(2) where his trial at…
25-5630 Geneva Kristina Hudson v. United States Eighth Circuit 2025-09-15 Denied Response WaivedIFP criminal-procedure evidentiary-hearing habeas-corpus ineffective-assistance plea-bargaining section-2255 1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as…
25-5257 Eric Sean Roloson v. Washington Washington 2025-08-01 Denied Response WaivedIFP criminal-procedure due-process involuntary-plea plea-bargaining prosecutorial-misconduct sentencing-alternative Whether the State's misrepresentation that the victims would support a SSOSA rendered Petitioner's plea involuntary, in violation of the Due Process C…
25-5210 Lisa Marie Perez, fka Lisa Marie Belyew v. Lavelle Parker, Warden Ninth Circuit 2025-07-28 Denied Response WaivedIFP counsel-competence criminal-procedure due-process ineffective-assistance mental-coercion plea-bargaining 1) wynether, bo etal a videdton of ritlaredl V. WashingIon, Aloo US. % (14) a defendant nust snow 'Anak dw was competent to tao mK Peo Wriroud Mantel …
25-5211 Kareem Muhammad v. United States Fifth Circuit 2025-07-28 Denied Response WaivedIFP court-of-appeals defendant-expectations four-corners judicial-review plea-agreement plea-bargaining The overwhelming majority of criminal cases are resolved by plea bargaining. However, how these agreements are interpreted lacks uniformity in the cou…
24-1273 Jonathan Phillips v. California California 2025-06-13 Denied due-process equal-protection felony-false-imprisonment fourteenth-amendment nolo-contendere plea-bargaining 1. Does a felony false imprisonment conviction obtained by way of a nolo contendere plea violate the due process protections of the Fifth and Fourteen…
24-7003 Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2025-04-15 Denied Response WaivedRelisted (2)IFP constitutional-violation criminal-procedure habeas-corpus ineffective-assistance plea-bargaining sixth-amendment 1) DOES THE FINDING THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO CONVEY A PLEA ALLOW THE TRIAL COURT TO DO NOTHING TO CORRECT OR REMEDY THE CONSTITUTIO…
24-963 Elvin Torres-Estrada v. United States First Circuit 2025-03-07 Denied Response Waived constitutional-rights criminal-procedure due-process effective-assistance plea-bargaining prosecutorial-discretion Whether the inaccurate advice by Mr. Torres-Estrada's rogue attorney to reject a favorable plea agreement during plea negotiations, with the prosecuto…
24-939 Kendall Streb v. United States Eighth Circuit 2025-03-03 Denied Response Waived certificate-of-appealability habeas-corpus ineffective-assistance plea-bargaining reasonable-jurists sentencing-guidelines The "reasonable jurists" test was created only as a threshold to discourage frivolous habeas appeals. It was never intended as a sky-reaching wall o…
24-6373 Harry Lee Goldsboro, II v. Florida Florida 2025-01-23 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining sixth-amendment Question not identified.
24-5743 Rafael Ernesto Gabriel v. California California 2024-10-10 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence (1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a…
24-5494 Brian Scott Witham v. United States Sixth Circuit 2024-09-09 Denied Response RequestedResponse WaivedRelisted (2)IFP actual-innocence criminal-conviction habeas-corpus plea-bargaining procedural-default section-2255 In Bousley v. United States, 523 U.S. 614 (1998), this Court held that when an individual who pleaded guilty to a § 924(c) offense later challenges th…
24-5458 Derrick Courchaine v. California California 2024-09-04 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence (1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a…
24-5405 Michael Edwin Harding v. United States Eleventh Circuit 2024-08-27 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance plea-bargaining prejudice-standard sentencing-guidelines Whether contrary to Lee v. United States, 137 S.Ct. 1958 (2017), the district court applied the incorrect prejudice standard to support its decision t…
24-5373 Raymond Rodriguez v. California California 2024-08-22 Denied IFP constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence (1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a…
24-5271 Claude P. Lacombe v. Brian Emig, Warden, et al. Third Circuit 2024-08-08 Denied Response WaivedIFP guilty-plea habeas-relief ineffective-assistance plea-bargaining sentencing strickland-prejudice 1. Under Puckett v. United States , 556 U.S. 129 (2009) and Brecht v. Abrahamson, 507 U.S. 619 (1993), a petitioner seeking habeas relief from a sente…
24-5206 Ronny Lee Thomas v. Tony R. Moore, et al. Fifth Circuit 2024-08-01 Denied IFP compromise contract criminal-procedure negotiate plea-bargaining plea-deal Question not identified.
24-5210 Jason William Dittmer v. United States Tenth Circuit 2024-08-01 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining sentencing Question not identified.
24-5082 Adam Sprenger v. United States Seventh Circuit 2024-07-16 Denied Response WaivedIFP change-in-law criminal-law due-process federal-statute legal-interpretation plea-agreement plea-bargaining sentencing statutory-interpretation [Brief explanation of question] A defendant who him or herself alone engages in sexually explicit conduct without a minor's engagement is indicted …
24-35 Sean Eamonn Waite v. Texas Texas 2024-07-12 Denied Response Waived criminal-procedure due-process habeas-corpus ineffective-assistance mental-health plea-bargain plea-bargaining procedural-due-process Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claim without requiring the trial court to r…
24-5030 Lani Lucas Limane, aka Lukasz Chad Limane v. United States Fifth Circuit 2024-07-09 Denied Response WaivedIFP aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 Was it plain error for a District Court to convict Petitioner on his plea of guilty to a crime never charged in the governing Indictment? When the su…
24-5014 Aweis Haji-Mohamed v. United States Sixth Circuit 2024-07-08 Denied Response WaivedIFP circuit-split due-process ineffective-assistance mandatory-minimum plea-bargaining prejudice prejudice-analysis sixth-amendment sixth-circuit-error strickland-standard strickland-v-washington The Sixth Circuit deliberately applied a more demanding standard for showing prejudice for ineffective assistance of counsel than the standard establi…
23-7779 Nalerton Charles v. United States Second Circuit 2024-06-21 Denied Response WaivedIFP appellate-rights congressional-intent constitutional-rights due-process judicial-review plea-bargaining prosecutorial-discretion public-policy Whether the time has come for this Court to exercise supervision over the everexpanding prosecutorial practice of requiring defendants to give up thei…
23-7683 Keon Lamont Lee v. United States Sixth Circuit 2024-06-11 Denied Response WaivedIFP appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences?
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea 1. Whether Trial Court erred in accepting defendant Tsai-Fen Lee to plead guilty when the plea was on its face equivocal. 2. Can Lee's guilty plea be…
23-7650 Samuel Cuellar v. Jeff Tanner, Warden Sixth Circuit 2024-06-06 Denied Response WaivedIFP appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing I. PETITIONER IS ENTITLED TO REINSTATEMENT OF PLEA OFFER WHERE COUNSEL FAILED TO INFORM HIM DURING PLEA NEGOTIATIONS THAT IF HE WAS CONVICTED UNDER MC…
23-7620 Donald Kie, Jr. v. Garrett, Warden Ninth Circuit 2024-06-03 Denied IFP certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ( "COA") consistent with the standards set by 28 U.S.C. § 2253(c)…
23-7583 Shawn Hill v. United States Second Circuit 2024-05-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release 1. Was petitioner improperly denied credit for acceptance of responsibility based on an incident in a Hartford jail that appeared to be a mental healt…
23-7571 Corey Goings v. United States Sixth Circuit 2024-05-28 Denied Response WaivedIFP appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing I. Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race.
23-7344 Richard Arlee Champion v. United States Fourth Circuit 2024-04-30 Denied Response WaivedIFP 28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations I. WHEN DETERMINGING THE TIMLINESS OF A MOTION TO VACATE PURSUANT TO 28 USC 2255, WHAT PLEADING DETERMINES THE RELEVANT PLEADING WHEN MAKING THAT DETE…
23A970 Brandon Washington v. Steven T. Marshall, Attorney General of Alabama, et al. Eleventh Circuit 2024-04-30 Presumed Complete aedpa-standard capital-murder ineffective-assistance judicial-procedure missouri-v-frye plea-bargaining Question not identified.
23-7324 Danilo Velasquez v. United States Ninth Circuit 2024-04-29 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-sentencing deportation gang jury-trial-rights plea-bargaining rico rico-case section-2255 sentencing-disparity Following the grant of petitioner's section 2255 motion, the district court resentenced petitioner to discretionary life in this RICO gang case. This …
23-7327 Zachariah Jay Histed v. United States Sixth Circuit 2024-04-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines Whether a defendant who plea ds guilty, admits the substantive elements of the criminal charge, and spares the government the time and expense of a tr…
23-7317 Michael A. Maggio v. United States Eighth Circuit 2024-04-26 Denied Response WaivedIFP criminal-law criminal-procedure due-process federal-statute nunc-pro-tunc plea-bargaining plea-modification post-conviction-relief property-rights statutory-interpretation statutory-limitation supreme-court-ruling Should Michael A. Maggio benefit from subsequent rulings of the United States Supreme Court that 18 U.S.C § 666(a)(1)(B) was limited to property right…
23-7265 Nicholas Stewart Hines v. South Dakota South Dakota 2024-04-19 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment 1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN ACQUITTED BY A JURY, OR DISMISSED PURSUANT …
23-7223 Daquan Doral Carter v. United States Fourth Circuit 2024-04-15 Denied Response WaivedIFP appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan…
23-7226 Michael Lee Villamonte v. United States Ninth Circuit 2024-04-15 Denied Response WaivedRelisted (2)IFP appellate-waiver circuit-split criminal-procedure due-process federal-courts miscarriage-of-justice plea-agreement plea-bargaining Did the Ninth Circuit's disposition of Petitioner's request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict …
23-7199 In Re Joseph R. Dickey 2024-04-11 Denied IFP 28-usc-2241 28-usc-2254 28-usc-2255 actual-innocence federal-prisoners habeas-corpus plea-agreement plea-bargaining prosecutorial-discretion statutory-interpretation Does 28 U.S.C. 2241(b)(1)'s requirement that "a claim presented in a second or successive habeas corpus application under 2254 [28 U.S.C. 2254] that w…
23-7176 Albert Enrique Narvaez v. Florida Florida 2024-04-10 Denied Response WaivedIFP constitutional-burden counterfactual-analysis criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-review plea-bargaining presumption-of-acceptability prosecutorial-discretion Does Missouri v. Frye, 566 U.S. 134 (2012), place an unreasonable burden upon defendants by requiring them to produce evidence to prove the counterfac…
23-7196 Adam Carson v. United States Sixth Circuit 2024-04-10 Denied Response WaivedRelisted (2)IFP constitutional-rights first-impression ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye plea-bargaining plea-offer sentencing-reduction sixth-amendment I. If the court holds a hearing to put a PLEA PROPOSAL on the record, and the Government OFFERS a 3 point deduction for acceptance of responsibility i…
23-7180 Gary Wayne Warner v. Texas Texas 2024-04-09 Denied IFP actual-innocence criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice newly-discovered-evidence plea-bargaining plea-package state-law-ground WHETHER TEXAS COURT OF CRIMINAL APPEAL'S IS APPLYING SEC. 4 [TCCP ART.11.07] —AS ADEQUATE & INDEPENDENT STATE LAW GROUND IN LIGHT OF THIS COURT HOLD…
23-7120 Chaviz Wofford v. Illinois Illinois 2024-04-02 Denied IFP case-statement constitutional-provisions criminal-procedure due-process ineffective-assistance-of-counsel jurisdiction opinions plea-bargaining prosecutorial-misconduct sentencing statutory-provisions writ-of-certiorari Question not identified.
23-7067 In Re Timothy Stratton 2024-03-25 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus judicial-procedure legal-documents plea-bargaining post-conviction-review sentencing 1. CAN A MAN BE CHARGED TO FIND GUILTY WHERE ALL OF THE NECESSARY ELEMENTS OF A CRIME ARE NOT INVOLVED IN THE JURY'S CHARGE? 2. IS THERE ANY POSSIBLE…
23-7035 Anderson Garcia v. United States Second Circuit 2024-03-20 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi…
23-1022 Nancy Martin v. United States Tenth Circuit 2024-03-18 Denied Amici (1) appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining Federal Rule of Criminal Procedure 11(b)(3) requires a district court to "determine that there is a factual basis" for a guilty plea before accepting …
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy L)W\ 3U\lV and punishment 'is 4he. sale, 'issue. Qor bhe. juri^'is i4 ever (ptrrms&ible 'vor cooesei bo motae. -Vine urn lateral decision 4o can eer…
23-7002 Ayoob Wali v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal Should the court of appeals below recognize a fundamental-miscarriage of-justice exception to a waiver-of-appeal provision of a federal criminal defen…
23-6919 Raul Perez v. United States Eleventh Circuit 2024-03-07 Denied Response WaivedIFP acceptance-of-responsibility alford-plea criminal-procedure criminal-sentencing inter-circuit-split memory-defense memory-loss plea-bargaining sentencing-guidelines united-states-sentencing-guidelines Does a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), based on a complete loss of memory of the actions underlying the offen…
23-6910 Jeffri Dávila-Reyes v. United States First Circuit 2024-03-06 Denied IFP 46-usc-70502 46-usc-70504 appellate-procedure constitutional-jurisdiction constitutional-review felonies-clause plea-bargain plea-bargaining statutory-interpretation subject-matter-jurisdiction vessel-jurisdiction I. Does the United States jurisdiction over a vessel under 46 U.S.C. § 70504(a) present a question of subject matter jurisdiction? II. Do bedrock ple…
23-6836 Ruixue Shi, aka Serena Shi v. United States Ninth Circuit 2024-02-27 Denied Response WaivedIFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d…
23-6776 Robert Shawn Ingram v. Warden, Holman Correctional Facility Eleventh Circuit 2024-02-16 Denied IFP criminal-procedure death-penalty due-process ineffective-assistance-of-counsel plea-bargaining right-to-counsel Is an attorney constitutionally ineffective when he does not realistically convey to his client the consequences of failing to honor his plea agreemen…
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea I. Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant…
23-6363 Matthew Reid Hinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-27 Denied Response WaivedIFP competent-counsel due-process equal-protection fair-trial fourteenth-amendment ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment DOES AN ATTORNEY ADVISING HIS CLIENT TO ENTER A GUILTY PLEA WITHOUT FIRST INVESTIGATING THE CASE AND/OR INTERVIEWING WITNESSES THEN DISCUSSING VIABLE …
23-6323 Ryan F. Duncan v. Florida Florida 2023-12-21 Denied IFP constitutional-rights criminal-procedure due-process identification-evidence mandatory-minimum parole photo-array plea-bargaining sentencing witness-testimony I. Does (x. \t\&\ CUjurV c\. c*\<nvrwOi &&£erAdn\r cP di/ve. process ujWexA (\tde^Mf\c^ (x. o^aAVm pk^ u)^<mV v^ftAin^ -\h(y*\ dootxV (k. vmc,d{*Wu ■V…
23-6275 Samuel Trelawney Hughes v. United States Ninth Circuit 2023-12-15 Denied Response WaivedIFP civil-rights criminal-procedure due-process ineffective-assistance plea-bargaining sentencing Question not identified.
23-6250 Matthew C. Spaeth v. United States Tenth Circuit 2023-12-13 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality collateral-attack plea-bargaining prosecutorial-misconduct sentencing sixth-amendment tollett-precedent I. Does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the government and a defendant from conditioning a guilty plea on the defendant's right to…
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson When a defendant pleads guilty, does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the defendant from collaterally attacking the sentence becaus…
23-6225 Michael Ramsey v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2023-12-11 Denied IFP constitutional-rights criminal-procedure defendant-rights due-process negotiation-strategy plea-bargaining plea-negotiations right-to-claim-innocence Does Petitioner give up the right to claim innocence as a bargaining tool during plea negotiations?
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights 1. Whether an uncounseled felony guilty plea is Constitutionally valid when the defendant was not properly warned by the trial court of the perils of …
23-6194 Christopher Andrew Canales v. Nathan Hoffman, Acting Warden Sixth Circuit 2023-12-07 Denied IFP constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea THE UNITED STATES COURT OF APPEALS HAS DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW THAT HAS NOT, BUT SHOULD BE, SETTLED BY THIS COURT, AS TO: (1) WHE…
23-6128 Julia Ann Poff v. United States Fifth Circuit 2023-11-29 Denied Response WaivedIFP civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel I. Should a defendant's guilt or innocence be determined by their finances? II. Before making a noninvoluntary and informed plea, should a defendant …
23-6121 Jemare Ray McNair, aka Head v. United States Fourth Circuit 2023-11-28 Denied Response WaivedIFP appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement WHETHER CAREER OFFENDER STATUS SHOULD BE SUBJECT TO APPEAL WAIVERS IN PLEA AGREEMENTS WHERE A DEFENDANT HAS A LEGITIMATE ARGUMENT THAT HE WAS NOT A CA…
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-6070 Eric V. Bartoli v. United States Sixth Circuit 2023-11-21 Denied Response WaivedIFP criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core.
23-6018 Calvin F. Currica v. Richard Miller, Warden Fourth Circuit 2023-11-15 Denied Response WaivedIFP brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s…
23-6023 David Sattazahn v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-11-15 Denied Response WaivedIFP brady-disclosure brady-violation due-process giglio-disclosure giglio-v-united-states habeas-corpus plea-bargaining prosecutorial-misconduct united-states-v-bagley witness-bias witness-inducement Because there is a split in the Circuits on the issue, should this Court instruct the lower courts to uniformly apply the law that, under United State…
23-5978 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-11-08 Denied Response WaivedIFP appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun…
23-5959 Jason Claude Edwards v. Tristan Lemon, Warden Ninth Circuit 2023-11-06 Denied Response WaivedRelisted (2)IFP counsel-advice ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye ninth-circuit plea-bargaining plea-offer prejudice-analysis prejudice-standard strickland-standard strickland-v-washington 1. Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law by approving as reasonable a state court prejudice an…
23-5889 Christopher Michael Williams v. Tim Shoop, Warden Sixth Circuit 2023-10-26 Denied Response WaivedRelisted (2)IFP alternative-suspect-defense criminal-procedure due-process due-process-violation habeas-corpus-petition ineffective-assistance-of-counsel plea-bargaining reasonable-doubt right-to-trial sixth-amendment-right Does the 6th Cir. Court err when it determines that a defendant's 6th Amendment right is not violated when there was evidence that it was likely than …
23-5858 Anthony Schneider v. United States Ninth Circuit 2023-10-23 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor A guilty plea that includes an appellate waiver does not bar jurisdictional challenges on appeal. Class v. United States, 138 S. Ct. 798 (2018). The f…
23-5860 John Carl Ferrell v. United States Fifth Circuit 2023-10-23 Denied Response WaivedIFP boykin-v-alabama constitutional-rights criminal-procedure due-process judicial-review plea-bargaining sentencing supreme-court voluntary-plea Does a decision by the Supreme Court, after a plea is entered but before sentencing, present sufficient cause to consider if the plea was entered know…
23-5735 Michael James French v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview Third Circuit 2023-10-10 Denied Relisted (2)IFP aggravated-assault constitutional-rights criminal-law due-process exculpatory-evidence plea-bargaining plea-deal probable-cause sentencing serious-bodily-injury wrongful-conviction (1) What ; "Definitive Actions Committed" , [Constitutes] the violent felony of the first degree ; ("Aggravated Assault With Serious Bodily Injury") -…
23-5736 In Re Travis J. Guttu 2023-10-10 Denied IFP actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence 1. Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? …
23-5739 Daniel Ray Metsinger v. United States Fifth Circuit 2023-10-10 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement.
23-5634 Jacob M. Currey v. Illinois Illinois 2023-09-21 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel legal-standard plea-bargaining right-to-appeal sixth-amendment Wvv^-VVie-r W "»£ -far ck svulf d,ouc4 c\eM o rd^6+ c\ -VM^eAy^ pec? ^\<?4^o 4c? b'4h<i rc^xjftj g\jvr4y ^) \€o-& ,c\j\A v/ \l > 4 y iv(4> r^V^A" £X.…
23-5514 Rodger William Dillard v. Wyoming Wyoming 2023-09-05 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing 1. Did the District in and for Natrona County 7th Judicial Abuse its power when it accepted the Petitioner alford plea because the the statue reads as…
23-5483 Dontavious Blake v. United States Eleventh Circuit 2023-08-30 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence-prejudice ineffective-assistance-of-counsel judicial-bias plea-bargaining prejudice sentencing ISSUE 1: The Appellate Court erred in denying relief for IOC concerning the advice that petitioner would receive a life sentence after either a guilty…
23-5456 John E. Gilcrease v. Louisiana Louisiana 2023-08-28 Denied Response WaivedIFP appeal appellate-review consecutive-sentence constitutional-rights due-process judicial-vindictiveness north-carolina-v-pearce plea-bargaining remand sentencing-modification Were John Gilcrease's due process rights violated when, after his plea and original sentence for obstruction of justice that exceeded the maximum stat…
23-5435 Marques Webb v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement.
23-162 Christian Winchel v. United States Fifth Circuit 2023-08-18 Denied Response Waived civil-procedure contemporaneous-evidence due-process habeas-corpus ineffective-assistance judicial-procedure plea-bargain plea-bargaining postconviction-review section-2255 standard-of-review I. Supreme Court Rule 10(a)—Whether the Fifth Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings u…
23-5312 In Re Brian D. Smith 2023-08-09 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal Is Smith's plea of guilty invalid because he was not informed of the true nature of his crime and was misled and misinformed by his court-appointed pu…
23-5320 Curtis Lavon Magee v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement.
23-5321 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-08-09 Denied Relisted (2)IFP appeals appellate-jurisdiction constitutional-review criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure plea-bargaining procedural-barriers right-to-counsel state-courts uJhd-r) A Z)«f X/^CoiM PeJ-e^cV : x S 14^I sU.jl. IXll&jje-tl 4-c> QeJ- -#-kjL_ doiir-t do ^>iire- Courts e-i T LUllAk 0ot7s/-.'4u-l-*'.5 /3 )0 l/olc…
23-121 Patrick Shin v. United States Ninth Circuit 2023-08-08 Denied Response Waived coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error 1. Whether a district court may require an additional showing of prejudice to grant a writ of coram nobis in a criminal case, and, if so, whether the …
23-5253 Youssef Hoballah v. Virginia Virginia 2023-08-01 Denied IFP appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure Question not identified.
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea where 1) there was an insufficient…
23-5150 Augustus Quintrell Light v. United States Eighth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error WHETHER ON ONE'S, DID THE EIGHTH CIRCUIT COURT OF APPEALS COMMIT ERROR IN FINDING THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING PETI…
23-5131 Xavier Dominique Garris v. United States Fourth Circuit 2023-07-19 Denied Response WaivedIFP criminal-procedure due-process fourth-circuit harmless-error judicial-review plea-bargaining plea-colloquy rehaif-error remand standard-of-review trial-probability 1. WHETHER, IN A CASE WHERE REHAIF ERROR OCCURRED, THE FOURTH CIRCUIT ERRED IN FAILING TO REMAND THE CASE TO THE DISTRICT COURT TO MAKE THE DETERMINAT…
23-5140 Ralph Castillo v. Richard Martinez, Warden, et al. New Mexico 2023-07-19 Denied IFP aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment 1. Was it proper for the State to intentionally mislead the court when it required that petitioner show the presumption of equality when the real issu…
23-5121 Kyle Ross Rivers v. United States Fifth Circuit 2023-07-18 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights 1. Whether a defendant, consistent with the Due Process Clause, can waive the right to appeal his sentence knowingly when his purported waiver occurs …
23-5102 Taiwo K. Onamuti v. United States Seventh Circuit 2023-07-14 Denied Response WaivedIFP 18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation 1) Can an original guilty plea be completely knowing and voluntary, when the government, and the district court wrongly advised defendant about couns…
23-5004 Gregory L. Randle v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement.
22-7840 Cordelro Desean Shoulders v. United States Fifth Circuit 2023-06-22 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement.
22-7822 Darwin Powell v. United States Fifth Circuit 2023-06-21 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just…
22-7801 Immanuel Christian Price v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-06-16 Denied Response WaivedIFP 6th-amendment constitutional-claim counsel-performance due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mixed-representation plea-bargaining post-conviction-relief procedural-default standing Question not identified.
22-7797 Anurag Dass v. United States Fifth Circuit 2023-06-15 Denied Response WaivedIFP criminal-justice due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-bargaining right-to-counsel sixth-amendment Petitioner Anurag Dass prays that this Honorable body of Judges of the Supreme Court of these United States will acknowledge and consider her submissi…
22-7652 Mark A. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-05-26 Denied Response WaivedRelisted (2)IFP constitutional-rights counsel-communication criminal-procedure deadline-extension effective-assistance-of-counsel ineffective-assistance missouri-v-frye plea-bargaining sixth-amendment Whether this Court's holding in Missouri v. Frye, 566 U.S. 134 (2012), that an attorney has a duty pursuant to the Sixth Amendment to communicate a fo…
22-7641 Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-05-25 Denied IFP criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony #1. Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant. #2. Why…
22-7628 Robert Earl Gorham v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-05-24 Denied Response WaivedIFP 28-usc-2254 circuit-split federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington Whether, for purposes of 28 U.S.C. § 2254(d)(1), a state court adjudication of the prejudice prong of an ineffective assistance of counsel claim is "c…
22-7623 Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-05-23 Denied Response WaivedIFP constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person Whether, it is enough for a defendant claiming ineffective assistance of counsel in the plea context to back his claim with substantial contemporaneou…
22-7605 Sealed Appellant v. United States Ninth Circuit 2023-05-22 Denied Response WaivedRelisted (2)IFP bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief Did the government act in bad faith by denying 18 U.S.C. § 3553(e) relief to Petitioner when, after securing his guilty plea with the promise that it …
22-7608 Phillip L. Horrell v. Illinois Illinois 2023-05-22 Denied Response WaivedIFP 14th-amendment ake-v-oklahoma constitutional-rights due-process mental-illness plea-bargaining plea-hearing sanity-examination supervisory-power 1. Whether the plea of guilty but mentally ill in this case violated due process, due to no sanity examination conducted - or, alternatively, due to t…
22-7599 Curtis Marcel Barnette v. United States Fourth Circuit 2023-05-19 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W…
22-7566 Byron Keith Howard v. United States Fourth Circuit 2023-05-16 Denied Response WaivedIFP automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the…
22-7553 Ivory Joe Tisdale v. United States Fourth Circuit 2023-05-15 Denied Response WaivedIFP appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W…
22-7532 In Re Rex Gard 2023-05-11 Denied IFP criminal-justice cruel-and-unusual-punishment due-process equal-protection ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment 1. Is Petitioner actually innocent and has a miscarriage of justice occurred? 2. Is the South Dakota Supreme Court's overturning of their own precede…
22-7494 Floyd Ellis Wyche v. United States Eleventh Circuit 2023-05-09 Denied Response WaivedIFP appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a district court conducting a plea colloquy inquire into the defendant's kno…
22-7498 Joel Armando Rodriguez v. United States Fourth Circuit 2023-05-09 Denied Response WaivedIFP cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING AS RELEVANT DRUG WEIGHT UNCORROBORATED STATEMENTS OF TWO COOPERATING DEF…
22-7500 Safara Echo Shortman v. United States Ninth Circuit 2023-05-09 Denied Response WaivedIFP continuing-offense controlled-substances-act criminal-charging distribution drug-distribution plain-error plea-bargaining possession-with-intent possession-with-intent-to-distribute statutory-interpretation 1. Does 21 U.S.C. § 841(a)(1) permit the Government to charge a continuing offense of possession with intent to distribute a controlled substance base…
22-1080 City of Stockton, California, et al. v. Francisco Duarte Ninth Circuit 2023-05-05 Denied Amici (2)Response Waived civil-procedure civil-rights civil-rights-claim criminal-procedure due-process heck-bar heck-v-humphrey nolo-contendere plea-bargaining plea-deal pretrial-diversion section-1983 Whether the " Heck Bar," which this Court created in Heck v. Humphrey , 512 U.S. 477 (1994) , bars a 42 U.S.C. Section 1983 claim where the plaintiff …
22-7418 Sammy Redi Araya v. United States Fourth Circuit 2023-05-01 Denied Response WaivedIFP burden-of-proof criminal-fraud government-failure judicial-discretion loss-amount loss-calculation plea-bargaining sentencing-courts sentencing-guidelines victim-losses I. Whether a sentencing court is required to verify actual or intended victim losses when applying a U.S. Sentencing Guidelines ("U.S.S.G. ") §2B1.1 S…
22-7391 Joshua G. Stegemann v. United States Second Circuit 2023-04-27 Denied Response WaivedIFP asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment 1. If a lawyer advises her client to reject a favorable plea deal and instead proceed to trial in the face of overwhelming evidence of guilt resulting…
22-1043 Joshua Louis Rupp v. United States Sixth Circuit 2023-04-27 Denied Response Waived circuit-split due-process government-inducement plea-bargaining plea-withdrawal sentencing-guidelines Whether the Sixth Circuit split with the Second, and erroneously departed from this Court's jurisprudence, when it refused to honor the spirit of the …
22-7378 Patrick Ellis Cochran v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2023-04-26 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure custody due-process ineffective-assistance plea-bargaining plea-negotiations sixth-amendment speedy-trial Petitioner experienced extreme prejudice for 7 months while held in continous custody _2_ .counties away, waiting to answer charges — in Fairfax Count…
22-7354 Rafael L. Beier v. United States Ninth Circuit 2023-04-24 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255-motion sentencing sentencing-guidelines 1. Did the Ninth Circuit err in summarily denying a certificate of appealabililty that would allow an appeal from an order denying a motion to vacate,…
22-7348 Joel Suarez v. Chris Brewer, Warden Eighth Circuit 2023-04-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel Ineffective Assistance Of Counsel Counsel failed to get a interpreter. Counsel was ineffective in the plea-bargain process. Counsel failed to object t…
22-7310 Antonio Minnis v. United States Eighth Circuit 2023-04-18 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-sentence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-prong sentencing-enhancement sixth-amendment strickland-standard strickland-v-washington This Court in Strickland v. Washington , 466 U.S. 668, 80 L.Ed.2d 674, 104 S.Ct. 2052 (1984), laid the foundation for the gauging of ineffective assis…
22-7311 Randal Thomas Rosado v. Florida Florida 2023-04-17 Denied Response WaivedIFP constitutional-rights criminal-act double-jeopardy fifth-amendment fourteenth-amendment multiple-prosecutions multiple-punishments negotiated-plea plea-bargaining same-offense sixth-amendment Does a ~\ren~counf Conviction under He. Same. S~kchk- ■ppir (X. S OLct~ of -P7/Vi^f cz>V)dL doe-U/neflt y/folohfL double yZopardj clause- of tie Fif…
22-7296 Nathan Karl Thomas v. United States Eighth Circuit 2023-04-14 Denied Response WaivedRelisted (2)IFP constitutional-challenge criminal-procedure criminal-sentencing double-jeopardy due-process legal-review plea-bargaining sentencing statutory-interpretation substantive-review supreme-court-petition Did the government breach the plea agreement by giving Petitioner a substantive sentence that was inconsistent with the plea agreement? Double Jeopar…
22-1000 William Casiano v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-14 Denied Response Waived certificate-of-appealability contemporaneous-evidence ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining strickland-prejudice 1. Does the rule in Lee v. United States, 137 S. Ct. 1958, 1967 (2017), that directs courts to credit contemporaneous evidence, and not "post hoc asse…
22-7272 Christopher Ernest Martinez v. United States Fifth Circuit 2023-04-13 Denied Response WaivedIFP criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court…
22-7277 Genard Alonzo Toney v. United States Eighth Circuit 2023-04-13 Denied Response WaivedIFP constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity 0 \aJ lAfcl'V' ^A< waT kiiowt'ftql WT o/vift13 5 of 4W cU (A 21 j£L4/>n 2) uiWt hXvX4 't'n'ai onA / -h> j' Ckimi ; _^'L IrtdicJ/Ht/tf,i/igfec4lV^ CLS…
22-7265 Allen Franks v. Florida Florida 2023-04-12 Denied Response WaivedIFP 3.850-motion civil-procedure due-process government-fraud ineffective-counsel mental-capacity mental-disability plea-bargaining plea-process post-conviction-relief standing WHETHER PETITIONER WAS DENIED DUE PROCESS WHEN TRIAL COURT FAILED TO ALLOW THE PETITIONER AN OPPORTUNITY TO FILE A REPLY TO STATE'S RESPONSE ON PETITI…
22-7244 Jose Ramon Cruz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-10 Denied IFP certificate-of-appealability federal-review habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment state-court-decision state-court-deference strickland strickland-standard When a State court's summary denial assumed the truth of the facts plead in a State habeas writ application and a Federal habeas court, pursuant to 28…
22-7225 Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-06 Denied Response WaivedIFP constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court 1.) Whether a trial court is constitutionally required to conduct an extensive inquiry into, and make a judicial finding of, the factual basis of a gu…
22-7167 Quentin Truley v. United States Eleventh Circuit 2023-03-31 Denied Response WaivedIFP civil-rights conspiracy constitutional-rights crime-of-violence criminal-procedure due-process hobbs-act ineffective-assistance plea-bargaining probable-cause sentencing (1) Under categorical approach, is 18 USC § 924(c)'s residual clause held as unconstitutionally vague, and predicated by Conspiracy to Commit Hobbs Ac…
22-7116 In Re Ramone L. Wright 2023-03-27 Denied Response WaivedIFP constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 1D cen a prosecutorenter additionc chorses in an indictment withoot the added counts bang Superceded or returned by the Grand Jry while cnder oxith of…
22-7076 Servando Pineda-Valdez v. United States Fifth Circuit 2023-03-23 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari Should a writ of certiorari be granted since Servando-Pineda 's title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations du…
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP A fiESrACOM uMTL…
22-7041 Deandre Markee King v. United States Eleventh Circuit 2023-03-20 Denied Response WaivedIFP actual-innocence collateral-attack-waiver constitutional-rule criminal-law criminal-procedure habeas-corpus plea-bargaining retroactivity The vast majority of federal criminal cases end in a guilty plea. And in many of those pleas, the defendant promises not to file a future 28 U.S.C. § …
22-887 Rogelio Albino Diaz-Tomas v. North Carolina North Carolina 2023-03-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) criminal-procedure defendant-rights due-process indefinite-postponement north-carolina plea-bargaining prosecution-postponement speedy-trial In Klopfer v. North Carolina, 386 U.S. 213 (1967), the Court held unconstitutional a practice unique to North Carolina, under which the state indefini…
22-6992 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-03-10 Denied IFP criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time IS IT LEGAL TO START A PRISON SENTENCE, THEN STOP IT AND THEN RE START IT BY ADDING MORE YEARS? IS IT LEGAL TO REVOKE STREET TIME ON PAROLE WHEN IT C…
22-6978 Dechaun Toliver v. Jay Forshey, Warden Sixth Circuit 2023-03-09 Denied Response WaivedIFP criminal-conviction due-process enterprise ineffective-assistance ineffective-counsel plea-bargaining plea-colloquy plea-negotiation rico rico-laws 1. Under the RICO Laws, can a conviction stand without the existence of a "Enterprise", a group of people associated in fact? Or without corrupt acts …
22-850 Jacqueline Graham v. United States Second Circuit 2023-03-08 Denied Response Waived effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver 1. Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel convey…
22-6916 Carlos Mejia-Quintanilla v. United States Ninth Circuit 2023-03-06 Denied Response WaivedIFP appellate-review appellate-waiver constitutional-challenge constitutional-law criminal-conviction criminal-procedure due-process jurisdiction jurisdictional-claim plea-agreement plea-bargaining summary-enforcement L. The first question for this Court's review is whether courts can summarily enforce an appellate waiver to bar motions to vacate convictions that ar…
22-6929 Forrest Thomas III v. Brandon M. Smith, Warden Fifth Circuit 2023-03-03 Denied IFP civil-rights constitutional-law criminal-procedure due-process equal-protection habeas-corpus plea-bargaining sentencing sentencing-disparity sex-offender-registration Whether a sex offender registry statute, when applied to predators convicted of rape without any sexual motivation to the offense, bears a reasonable …
22-812 Isaac D. Koch v. Nebraska Nebraska 2023-02-28 Denied civil-rights constitutional-rights criminal-procedure due-process free-speech plea-bargaining plea-withdrawal protection-order standing statutory-interpretation What is the government's interpretation of an order against all contact and communication and presence? If the Court agrees that the power of the peo…
22-6845 Jesus Lopez v. United States Seventh Circuit 2023-02-23 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process?
22-6838 Demetri D. Beachem, aka Demetrius D. Beachem v. United States Seventh Circuit 2023-02-22 Denied Response WaivedRelisted (9)IFP appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines Whether a court can take into account exceptions binding it to accord precedent over objections to a prior court's authority to decide. Whether a cou…
22-6843 Edgar Barrera v. United States Ninth Circuit 2023-02-22 Denied Response WaivedIFP criminal-procedure due-process federal-jurisdiction mandatory-minimum mens-rea non-elemental-facts plea-bargaining preponderance-standard sentencing sentencing-enhancement statutory-interpretation 1) Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to …
22-6751 Ernest Kyle Dyer v. United States Third Circuit 2023-02-10 Denied IFP appeal appellate-review conditional-guilty-plea federal-criminal-procedure federal-rule-of-criminal-procedure-11(a)(2) harmless-error motion-to-suppress plea-bargaining prevail When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error stan…
22-6759 In Re Charles Jordan 2023-02-10 Denied IFP brady-material civil-rights constitutional-errors counsel-silence default-rule due-process habeas-corpus plea-bargaining prosecutorial-misconduct standing state-officials 1. How can a petitioner lose appeal of rights on certain claims due to officials mishandling Court Order? 2. Why should the State enjoy the privilege…
22-6694 Abdiraham Haji-Hassan v. Maine Maine 2023-02-02 Denied Response WaivedIFP alternative-suspect-theory due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining postconviction postconviction-review presumption professional-assistance reasonable-professional-assistance strickland-standard Whether the state postconviction court misapplied Strickland v. Washington, 466 U.S. 668 (1984), by applying its "strong presumption of reasonable pro…
22-6616 Brian Cota v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP appellate-review criminal-law criminal-sentencing due-process notice plea-bargaining plea-negotiation sentencing sentencing-guidelines supervised-release Whether the court of appeals erred by concluding that Mr. Cota can be subject to a life time of supervised release, and thereby a lifetime of revocati…
22-6592 James Stacey Harber v. United States Fifth Circuit 2023-01-23 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance plea-bargaining section-2255 sentencing 1. Was Mr. Harber denied the effective assistance of counsel at the plea and sentencing phase of trial? 2. Did the district court err by denying Mr. …
22-6572 Christian Dior Womack v. United States Third Circuit 2023-01-19 Denied Response WaivedIFP appellate-review criminal-offenses due-process fraud-on-the-court government-misrepresentation habeas-corpus judicial-error mandate-recall miscarriage-of-justice plea-bargaining sentencing The notion of miscarriage of justice prohibits a court from disregarding the fact that its opinion rest solely on criminal offenses that a defendant n…
22-6556 Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States First Circuit 2023-01-18 Denied Response WaivedIFP criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction 1. Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence. 2. Whether the district …
22-6527 William Langley, Jr. v. United States Fourth Circuit 2023-01-11 Denied Response WaivedIFP 924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation SHOULD THE COURT FIND PETITIONER'S CONVICTION FOR '924(c) et al. UNCOUNSTITUTIONAL "use" and "carry" of 924(c) a due process violation that warrants a…
22-6431 Philip Johnson v. Illinois Illinois 2022-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion (1) Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment. (2) Whether the sentencing process mandated …
22-6402 Jesse Johnson, III v. California California 2022-12-28 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice prejudice-prong prima-facie-showing strickland-standard strickland-v-washington When a defendant alleges that his trial counsel was ineffective for failing to properly advise him regarding the consequences of rejecting a plea offe…
22-6403 Marco D. Martin v. Fredeane Artis, Acting Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment Whether the trial court denied Petitioner his Fifth, Sixth, and Fourteenth Amendment rights, where the state injected issues broader than the Petition…
22-6303 Steven Riad Jalloul v. United States Fifth Circuit 2022-12-14 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation This Court should grant this petition to address the degree of specificity re-quired for the language in a defendant's plea agreement to be construed a…
22-6289 Kevin Singleton v. United States Fifth Circuit 2022-12-13 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements.
22-537 Ramy Eid Zaki Hakim v. United States Ninth Circuit 2022-12-12 Denied Response Waived due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal When Can a Defendant, Induced to Enter a Guilty Plea by the Government's Promise to Assist the Defendant with His Immigration Status, Move to Withdraw…
22-6253 Michael J. Moller, aka Michael Robinson v. United States First Circuit 2022-12-07 Denied Response WaivedIFP appellate-waiver certiorari criminal-procedure district-court due-process paycheck-protection-program plea-bargaining sentencing sophisticated-means-enhancement standard-of-review 1. Should certiorari be granted to address the enforceability of an appellate waiver where the District Court's entire inquiry consisted of a single q…
22-6157 Carlton McKissic v. Shawn Emmons, Warden Eleventh Circuit 2022-11-28 Denied IFP appellate-jurisdiction constitutional-interpretation criminal-procedure due-process equal-protection judicial-procedure legal-interpretation plea-bargaining right-to-counsel sentencing state-court-review WHy Have All other Courts ignored the Plea bargain (1 Process And Procedures Afforded to me, As my Faulf 1is Mot raiseing the issue earlier? 2. Why wa…
22-6108 Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States Fourth Circuit 2022-11-18 Denied Response WaivedIFP appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud 1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION OF SECU…
22-5970 David Antoine Luster v. R. M. Wolfe, Warden Fourth Circuit 2022-11-02 Denied Response WaivedIFP 18-usc-2113(d) 924(c)(3)(a) armed-bank-robbery borden-v-united-states categorical-approach criminal-procedure mens-rea plea-bargaining sentencing statutory-interpretation Question of Law : In light of Borden v. United States, 141 S.Ct. 1821 (2021), under the categorical approach the element narrow enough to be deemed a …
22-5920 Jesse Brewer v. United States Third Circuit 2022-10-26 Denied Response WaivedIFP civil-liberties civil-rights constitutional-rights due-process immigration judicial-review legal-procedure plea-bargaining sentencing sixth-amendment statutory-interpretation Question not identified.
22-5890 Ronald William Brooks v. United States Fifth Circuit 2022-10-24 Denied Response WaivedIFP appellate-waiver constitutional-challenge constitutional-law criminal-procedure due-process habeas-corpus miscarriage-of-justice plea-agreement plea-bargaining post-conviction-relief section-2255 Whether the boilerplate waiver of Petitioner's appellate and post-conviction rights contained within his plea agreement bars his claim under 28 U.S.C.…
22-5882 Allen Calligan v. Frank Vanihel, Warden Seventh Circuit 2022-10-21 Denied Response WaivedIFP criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment Mr. Calligan alleged that his trial counsel was ineffective for failing to inform him of an informal plea offer made by the prosecutor, which would ha…
22-5835 Norman Alan Kerr v. Christopher Gomez, Warden Sixth Circuit 2022-10-13 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights due-process involuntary-confession plea-bargaining sentencing should the Cincuit Rehaif r U.s that allows split held in stipolatiow waiving all the elements 9922(1) 2 be held coutnolling a credible clain of despi…
22-5813 Katherine Elizabeth Langhorst v. Texas Texas 2022-10-12 Denied IFP 4th-amendment constitutional-violation due-process evidence-suppression exclusionary-rule fruit-of-the-poisonous-tree illegal-search ineffective-assistance-of-counsel ineffective-counsel plea-bargaining search-and-seizure trial-procedure Was the evidence seized in this cause/case "Fruits of The Poisonous Tree"? Was this conviction obtained by way of illegal search and seizure? Did Tr…
22-5746 Chrystal Clues-Alexander v. Louisiana Louisiana 2022-10-04 Denied Response WaivedIFP constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury Whether this Court's decision in Ramos v. Louisiana, 590 U.S. ___ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty be…
22-5743 Timothy Love v. California California 2022-10-03 Denied IFP constitutional-rights criminal-procedure plea-bargaining sentencing statutory-interpretation violent-crimes j'l tn*i^ IkiU^ -j~& ^ y^op [^ d ^ Sho-o'{* v'4 * t £<<fIc, TTU-fe/ {0$<LC\A, V • 0 |-e- \a CC y-CU^O^/x o ccu^yi-ejl \HX^ C^<_ ybft'U u*a?f ^ 'j?. f…
22-5711 Joshua Austin Kramer, aka Benjamin Franklin v. United States Fourth Circuit 2022-09-29 Denied Response WaivedIFP criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea.
22-5662 Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-22 Denied IFP constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial In an ineffective assistance of counsel claim alleging probation misadvice, to what degree (if any) should the possibility of a conviction have on the…
22-5643 Derek Lee Casey, Jr. v. Texas Texas 2022-09-21 Denied IFP conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel Question not identified.
22-5613 Kennrith L. Foster v. Illinois Illinois 2022-09-20 Denied IFP constitutional-rights due-process judicial-procedure jury-trial legal-interpretation notice plea-bargaining prisoner-rights state-court waiver eanciFh Fo / tfial and -b (docg) Did d-c i a I £ourt t/iolafe Vilo-Vional rights +*o 4 j 0f |au3 u)hen if atte^je.d ht'S jW f atvoniTi nri5of\£.on$ e…
22-5624 Tiffany Leigh Marion v. North Carolina North Carolina 2022-09-20 Denied Response WaivedIFP batson-challenge Batson-v-Kentucky criminal-procedure equal-protection plea-bargaining prosecutorial-discretion racial-discrimination Whether Batson v. Kentucky, 476 U.S. 79 (1986) and its progeny apply to equal protection claims challenging a prosecutor's decision of whether to exte…
22-5627 Justin Tyrone Young v. Texas Texas 2022-09-20 Denied IFP due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion plea-bargaining sentencing-guidelines statutory-maximum supreme-court-precedent Can ft Lauiyen haue. his Client PieaCuibty -ho OS'years on ft Statutory maximum OP Zo years* ovftt'R TEXAS Lal/. Can ft Court Re Fuse ho Homor ft u …
22-5563 Noel Brown v. Pennsylvania, et al. Pennsylvania 2022-09-12 Denied Relisted (2)IFP collateral-review criminal-procedure due-process fourteenth-amendment habeas-corpus plea-bargaining retroactivity right-to-counsel sixth-amendment In Persuasive Authority Leading Case on Point Hamilton V. Alabama 368 U,S.52,(1961). The Supreme Court of the United States Reversed. In an opinion by…
22-5513 Jerome Jenkins, Jr. v. South Carolina South Carolina 2022-09-06 Denied IFP capital-punishment capital-sentencing due-process hearsay-rules hurst-v-florida judicial-bias jury-sentencing jury-waiver mitigating-evidence plea-bargaining state-statute Could a South Carolina trial judge who had told Petitioner he would sentence him to death if he pled guilty still rule, consistent with Hurst v. Flori…
22-5496 Vance L. White v. Texas Texas 2022-09-01 Denied IFP court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum Can H)t Tudyz modipy the. essentiac elements set Qonth In the /'ndittment cn~ the. Plea CoUoquy? Coin -the. Court Armnd M indictment- (oithout dAt te…
22-186 Troy Mansfield v. Williamson County, Texas Fifth Circuit 2022-08-30 Denied Amici (6) brady-violation brady-vs-maryland circuit-split criminal-justice due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct Whether the due process right recognized in Brady requires the disclosure of exculpatory evidence (or at the very least, evidence of factual innocence…
22-5364 Quartavious Davis v. United States Eleventh Circuit 2022-08-16 Denied Response RequestedResponse WaivedRelisted (5)IFP constitutional-rights criminal-defense due-process ineffective-assistance-of-counsel plea-bargaining plea-negotiations prosecutorial-discretion right-to-counsel Sixth-Amendment Strickland-v-Washington Does a criminal defense attorney provide prejudicially ineffective assistance of counsel by failing to initiate plea negotiations with the prosecutors…
22-5288 Kendale Welborn v. United States Sixth Circuit 2022-08-05 Denied Response WaivedIFP alleyne-decision alleyne-v-united-states apprendi-rule apprendi-v-new-jersey criminal-sentencing drug-offenses methamphetamine-actual methamphetamine-mixture plea-bargaining sentencing-guidelines sixth-amendment The Appellant's Appeal was denied on April 29, 2022 by the Sixth Circuit Court of Appeals. In this case, the Appellant raises one (1) issue for determ…
22-5251 Levonne Jomarrio Greer v. Kristopher Taskila, Warden Sixth Circuit 2022-08-02 Denied Response WaivedIFP certificate-of-appealability due-process habeas habeas-corpus ineffective-assistance-of-counsel judicial-review law-enforcement plea-bargaining sham-plea-bargaining sham-tactics DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DEN…
22-5158 Bernard J. Battle v. United States District of Columbia 2022-07-22 Denied Response WaivedIFP civil-rights criminal-conviction criminal-procedure due-process ineffective-assistance legal-nullity plea-bargaining procedural-default sentencing state-law statutory-interpretation When guilty plea is entered without the defendant being informed of the consequences, the judgment of conviction is a nullity.
22-5103 Chico Jermell Carraway v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing When a defendant alleges with supporting evidence that he pleaded guilty based on an unkept promise of counsel concerning sentencing, is he entitled t…
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy 1. Did the lower .Court error in Not finding that the Petitioner Trial Counsel committed ineffective assistance of Counsel when trial counsel misadv…
22-5018 Michael Allen Long v. United States Fifth Circuit 2022-07-01 Denied Response WaivedIFP appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement.
21-8267 Dave Lawrence v. United States Citizenship and Immigration Services, et al. Third Circuit 2022-06-29 Denied Response WaivedIFP equitable-tolling habeas-corpus immigration-consequences ineffective-assistance-of-counsel plea-bargaining post-conviction-relief retroactive-constitutional-right retroactivity time-limitation I. Whether the United States Supreme Court decision recognizing ineffective assistance of counsel claims for criminal defense counsels failure to advi…
21-8274 Melvin Martinez v. United States Eleventh Circuit 2022-06-29 Denied Response WaivedIFP covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings In light of the reduced reliability of virtual procedures employed during the pre-vaccine period of the COVID-19 pandemic, was the "reasonable probabi…
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-8173 Vincent Raymond Rios v. United States Ninth Circuit 2022-06-17 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights, for these reason…
21-8131 Daniel A. Rodriguez v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP criminal-procedure due-process newly-discovered-evidence plea-bargaining post-conviction-relief statutory-interpretation Does a silent Plea foreclose a defendant From filing a Motion for Newls Discovered Evidence. Pursuant to Rule 33. Where: a) the statute is ambigous. A…
21-8125 Carlos Montano v. United States Ninth Circuit 2022-06-13 Denied Response WaivedRelisted (2)IFP boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse Did the Ninth Circuit's overlooking Petitioner's due process claim regarding his change-of-plea hearing conflict with Boykin and its progeny, particul…
21-8086 Jeremiah F. Wooden v. Massachusetts Massachusetts 2022-06-08 Denied Response WaivedIFP criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment 1. Whether, under the Sixth Amendment, plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before his clie…
21-7987 Keith Rose v. United States Ninth Circuit 2022-05-27 Denied Response WaivedIFP civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing 1. In Class v. United States, 138 S. Ct. 798 (2018), this Court held that a plea of guilty, without more, does not prevent an individual from having h…
21-7996 George Edward Purdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-27 Denied IFP 5th-amendment blockburger-rule criminal-procedure double-jeopardy fifth-amendment jurisdiction plea-bargaining prosecutorial-discretion venue Where identical chargee are filed for the same alleged victim in multiple counties, is it a violation of the 5th Amendment double jeopardy rule base…
21-7906 Ruben Sanchez v. Illinois Illinois 2022-05-18 Denied IFP adequate-representation due-process judicial-consideration legal-representation plea-bargaining plea-withdrawal pro-se public-defender withdrawal 1. Does a Pro Se plaintiff have a due process right to the adequate performance of counsel when represented by a public defender for the purpose of wi…
21-7866 Carlos Alberto Zamudio v. United States Fifth Circuit 2022-05-13 Denied Response WaivedIFP appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just…
21-7838 Leonardo Divinci Larck v. United States Eleventh Circuit 2022-05-11 Denied Response WaivedIFP communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer? …
21-7840 Hazhar A. Sayed v. Colorado Colorado 2022-05-11 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel 1) Mr, Sayed's Plea was not entered Knowingly, intelligently and voluntarily because his plea counsel failed to adequately advise him that he would be…
21-7821 Mandrail Jamar Woodberry v. United States Fourth Circuit 2022-05-10 Denied Response WaivedIFP constitutional-rights criminal-law digital-privacy due-process fourth-amendment habeas-corpus ineffective-assistance-of-counsel plea-bargaining probable-cause sentencing unreasonable-search warrantless-search Question not identified.
21-7824 Jerome Scott King v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno…
21-7798 Francisco Manuel Padilla v. California California 2022-05-06 Denied IFP constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review 1. DID THE COURT ABUSE ITS DISCRETION, AND THEREBY VIOLATE APPELLANT'S CONSTITUTIONAL RIGHTS, WHEN IT DENIED HIS MOTION TO WITHDRAW HIS PLEAS? 2. DID…
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue Due Process for a defendant whom pleads guilty, in addition, apply the Napue Due Process to the Rule requirement? W…
21-7723 Freddie Galan v. United States Fifth Circuit 2022-04-27 Denied Response WaivedIFP criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w…
21-7729 William Gerard Wallace v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-04-27 Denied IFP civil-action civil-procedure criminal-charge criminal-procedure due-process florida-state-law judicial-error jurisdiction plea-bargaining standing trial-court Is the Florida State trial court at error when allowing the petitioner to plea out to a non-existing criminal charge that constitutes civil action?
21-7706 Irving Ernesto Arias v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. ARIAS'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN A…
21-7707 Jerome Lamar Pitts v. United States Eleventh Circuit 2022-04-26 Denied Response WaivedIFP appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines 1) Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a "sentence in violation of the Constitution or laws of the Un…
21-7668 Russell Haley v. Mississippi Mississippi 2022-04-21 Denied Response WaivedIFP constitutional-rights conviction-challenge counsel criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment Does a guilty plea waive a defendant's right to make a Sixth Amendment claim of ineffective assistance of counsel where counsel's failure to investiga…
21-7676 Robert Christopher Jones v. Illinois Illinois 2022-04-21 Denied Response WaivedIFP criminal-justice eighth-amendment juvenile-justice mandatory-sentencing miller-factors miller-v-alabama plea-agreement plea-bargaining sentencing sentencing-challenge (1) Whether a pre- Miller guilty plea bars a post- Miller sentencing challenge under the Eighth Amendment. (2) Whether the sentencing process mandat…
21-7606 Michael La Donte Scott v. Robert W. Fox, Warden Ninth Circuit 2022-04-13 Denied Response WaivedIFP constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment strickland-v-washington time-barred-charges Petitioners WS Provided EAC Under Strickland W. WASHinGTon CLA84) Ube U-S. GELB, By Hic Coonsel's incompetest Ravice To Plead No Contest "To "Time -Ba…
21-7611 John Charles Eichinger v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-04-13 Denied IFP capital-trial certificate-of-appealability due-process homicide ineffective-assistance-of-counsel plea-bargaining remorse remorse-mitigation right-to-counsel sixth-amendment In upholding counsel's overall remorse-based strategy as reasonable, did the Third Circuit violate the rule of Hill v. Lockhart, 474 U.S. 52 (1985), a…
21-7594 Orin Kristich v. United States Tenth Circuit 2022-04-12 Denied Response WaivedIFP appeal-counsel attorney-misconduct court-discretion de-novo-review due-process judicial-misconduct judicial-procedure plea-bargaining plea-waiver sentencing-guidelines supervised-release 1. Whether the Appellant's Appeal Counsel, Mr. Acton, can tell the court that the Appellant agrees to dismiss the Appeal without ever talking to the A…
21-7575 Keith Morris v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before…
21-1305 Melchor Munoz v. United States Eleventh Circuit 2022-03-29 Denied Response Waived 28-usc-2255 citizenship-revocation criminal-conviction due-diligence government-notice plea-bargaining plea-proceeding section-2255 statute-of-limitations statutory-interpretation Whether – in a case where (1) the revocation of a criminal defendant's citizenship is mandatory as a result of a plea to a criminal conviction but (2)…
21-7440 Norman Alan Kerr v. Christopher Gomez, Warden Sixth Circuit 2022-03-23 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure document-suppression due-process evidence-rules government-misconduct judicial-discretion plea-bargaining sentencing trial-procedure Question not identified.
21-1275 Abetubokun Adesioye v. United States Fourth Circuit 2022-03-22 Denied Response Waived appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal without having considered the exist…
21-7351 Miguel Angel Cruz-Polanco, aka Luis Hernandez v. United States Fourth Circuit 2022-03-11 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure federal-sentencing plain-error plea-bargaining sentencing-guidelines I- wheter the Federal SeNten cing Guidelines Manvel Reguire a Plea oF Guilty and PoiNt ReductioN three guarantee a ? For accePtaNCe OF ResPoN sability…
21-7334 Gregory Todd Numann v. United States Ninth Circuit 2022-03-10 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability child-pornography criminal-procedure evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel password-protected-device plea-bargaining Whether the Court of Appeals for the Ninth Circuit erred in denying Mr. Numann's motion for certificate of appealability of the denial of his 28 USC 2…
21-7183 Ruth Diaz-Burgos v. United States Eleventh Circuit 2022-02-23 Denied Response WaivedIFP criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination The district court, in conducting a change of plea hearing, failed to advise Petitioner of her right to be free from compelled self-incrimination befo…
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal …
21-7154 John Walters v. Michael Martin, Warden Fourth Circuit 2022-02-18 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington Mr. Walters lost an opportunity for a favorable plea because his counsel failed to tell him about it. As a result, Mr. Walters entered a guilty plea t…
21-7074 Benny Dennis v. United States Fifth Circuit 2022-02-08 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent 1) Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of a…
21-1099 Thomas Clayton Steres v. Kevin Curran, Warden, et al. Ninth Circuit 2022-02-08 Denied Response Waived cell-phone-search certificate-of-appealability constitutional-rights criminal-procedure fourth-amendment habeas-corpus ineffective-assistance plea-bargaining right-to-counsel sixth-amendment 1. Whether Thomas Steres received ineffective assistance of counsel in violation of the Sixth Amendment? 2. Whether the search of Mr. Steres' cell ph…
21-7059 Timothy George Muller v. Michigan Michigan 2022-02-04 Denied IFP criminal-procedure double-jeopardy due-process evidence ineffective-assistance-of-counsel jurisdiction plea-bargaining substance venue MR. MULLED- EaJT/TIE D To uoiTA/TIRA lS DlEA AMD Tai/E /J& CoaJTclVoa} fa/Z DEA iuEAY oE 6orimoU.tX> SuBSfAAJCE tAOZiti^DEATbJ VACATED, l$EC/kJSE '…
21-7063 Salahudin Shaheed v. United States Third Circuit 2022-02-04 Denied Response WaivedIFP civil-rights criminal-procedure drug-introduction due-process exculpatory-defense legal-standard plea-bargaining sentencing sexual-misconduct standing Has thousands of people been wrongfully convicted by Courts of law, facts (drug introduction into correctional institutions) and "illicit sex acts)" i…
21-7009 Cristian M. Loga-Negru v. Wisconsin Wisconsin 2022-01-31 Denied Response WaivedRelisted (2)IFP brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness Question not identified.
21-7012 Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-01-31 Denied IFP burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction Ms. Ewing asserts that the previcis court erred when it did not grant a C.O.A. despite the debatability of the District Court's opinion by a reasonabl…
21-6967 Lemonta Markuis Maddox v. California California 2022-01-26 Denied IFP civil-rights coerced-confessions constitutional-rights criminal-procedure due-process federal-law interrogation involuntary-statements plea-bargaining state-law Is it rightly lawful for a detective to obtain involuntary statements by coercion and promises of leniency violating federal and state constitutional …
21-6954 Robert Jurado v. Ronald Davis, Warden Ninth Circuit 2022-01-25 Denied IFP 14th-amendment 8th-amendment capital-punishment confession-evidence constitutional-amendments double-jeopardy mitigating-evidence ninth-circuit-review penalty-phase plea-bargaining skipper-standard 1. Did the Ninth Circuit err in concluding that the California Supreme Court did not unreasonably apply federal law or unreasonably determine facts in…
21-6955 Erica Umbay v. United States Ninth Circuit 2022-01-25 Denied Response WaivedIFP appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(3) if the Plea Lacked an Adequate Factual Basis? Whet…
21-1016 Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-01-19 Denied Response Waived constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense A. Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full a…
21-6859 Jaquirro T. Scott v. United States Fifth Circuit 2022-01-14 Denied Response WaivedIFP circuit-court civil-rights constitutional-error criminal-procedure due-process federal-jurisdiction judicial-review plea-bargaining procedural-standard standing I. Whether acceptance of a guilty plea without establishing a crime against the United States constitutes a structural error that voids the subsequent…
21-6817 Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-12 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
21-6730 Mehmet Fatih Biyikoglu v. United States Ninth Circuit 2021-12-23 Denied Response WaivedIFP appellate-waiver breach-of-contract criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing Was petitioner's appellate waiver enforceable after the district court found him in breach of his plea?
21-6685 Christopher Dominguez v. United States Tenth Circuit 2021-12-21 Denied IFP criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines The prosecutor, defense counsel, and the district court all informed Mr. Dominguez that if he went to trial he would face a mandatory minimum sentence…
21-6693 Joey Rogers v. Louisiana Louisiana 2021-12-21 Denied Response RequestedResponse WaivedRelisted (8)IFP constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competence plea-bargaining plea-coercion sentencing sixth-amendment 1. Were the Due Process rights of Joey Rogers ignored by the Louisiana Courts when they maintained a plea made by the vulnerable, illiterate, hearing …
21-6644 Ashot Minasyan v. United States Ninth Circuit 2021-12-16 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea Whether Minasyan's waiver of appeal is unenforceable for the following reasons: because it was not knowing, intelligent and voluntary, and because Min…
21-6645 Robert Brandon Bilus v. United States Eleventh Circuit 2021-12-16 Denied Response WaivedIFP circuit-court constitutional-interpretation criminal-procedure due-process judicial-precedent jurisdiction plea-bargaining precedent sixth-amendment Whether the Eleventh Circuit entered a decision that misapplies the precedent of this Court and as a result, violates the Sixth Amendment to the Unite…
21-6597 Jason Whren v. United States District of Columbia 2021-12-14 Granted Response WaivedIFP d-c-code-23-110 exceptional-circumstances hill-v-lockhart ineffective-assistance-of-counsel plea-bargaining strickland-v-washington Whether the Court of Appeals for the District of Columbia failed to apply the applicable standards in Strickland v. Washington, 466 U.S. 668 (1984), a…
21-6602 Brandon Christian v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2021-12-14 Denied IFP criminal-procedure due-process factual-basis habeas-corpus plea-bargaining plea-validity sentencing statutory-interpretation In petitioner §2254 petition, Petitioner raises this question of error? The plea was not entered knowingly and voluntarily because the trial court fa…
21-6606 Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-14 Denied IFP counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington 1) Does counsel perform deficiently in duties/responsibility, to fully inform a defendant during the plea bargaining process, per Missouri v. Frve. 13…
21-6346 Jason W. Reed v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-11-22 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sexual-predator sexual-predator-designation strickland-standard strickland-v-washington Question One: Whether, counsel's admitted misadvice with respect to Petitioner's designation, its direct result of imposition of "specialized supervis…
21-6369 Jeremy Denson v. Texas Texas 2021-11-22 Denied Response WaivedIFP boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development Judges must ensure defendants fully understand the consequences of their guilty pleas. Boykin v. Alabama requires judges to use "the utmost solicitude…
21-6361 Marcus Crawley, aka Holyfield v. United States Fourth Circuit 2021-11-19 Denied Response WaivedIFP constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation If a defendant pleaded guilty to a § 924(c) charge and a predicate crime of violence that is no longer valid after Davis, may a reviewing court search…
21-750 Jasper Knabb v. United States Ninth Circuit 2021-11-19 Denied Response Waived 28-usc-2255 criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing sentencing-guidelines Where 28 U.S.C. § 2255 requires a prompt hearing unless the motion and the files and records of the case conclusively show that the prisoner is entitl…
21-6073 John Ray Falk, Jr. v. Texas Texas 2021-10-27 Denied IFP accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant (1) Given that Due Process requires that a guilty plea be "knowing and intelligent," when a pro se defendant seeks to plead guilty to a death-eligible…
21-619 Hugo Reyes-Morales v. Maryland Maryland 2021-10-27 Denied Response Waived criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington If "the deportation consequences of a particular plea are unclear or uncertain…a criminal defense attorney need do no more than advise a noncitizen cl…
21-5945 Bobby Joe Barton v. Scott Lewis, Warden Fourth Circuit 2021-10-13 Granted Response WaivedIFP admissible-testimony ineffective-assistance-of-counsel plea-bargaining pretrial-orders right-to-object right-to-present-evidence 1. Whether Trial Counsel Was Ineffective For Filing Trial Affidavit Claiming A Prompt, Plain Offer Up 1.73 Texas Rule Criminal Procedure. 2. Whether …
21-5849 Jason August Eisenach v. United States Eighth Circuit 2021-10-01 Denied Response WaivedIFP civil-liberties civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-standing plea-bargaining sentencing Why did may public defender help the prosecution by delaging the trial so the prosrcution could d 3.why Did my attorney at the last sicond ask me to …
21-5783 Brian D. Smith v. Montana Montana 2021-09-24 Denied Response WaivedIFP appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the follo…
21-5766 Dionte Dortch v. United States Eighth Circuit 2021-09-23 Denied Response WaivedIFP 5th-amendment criminal-procedure deportation due-process firearm immigration-consequences ineffective-assistance plea-bargaining rico-statute simple-possession I WHETHER thE DUE PROCESS ClOUSE ANC THE SIth AMENdMENT PRotECTS ThE ACCUSEd FROM A PlEA of Guly To MatRial FActs Of SIMple PosSESSION OF CocaINe aNd …
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel (1) .Was reversible error, committed pursuant to; STRICKLAND vs.WASHINGTON; MAPLE vsTHOMAS; UNITED STATE vs.HILLSMAN : , when trial counsel abandoned …
21-5748 Kyle Evan Peterson v. United States Ninth Circuit 2021-09-22 Denied Response WaivedIFP child-pornography circuit-split criminal-procedure exclusionary-rule knowledge-element plea-bargaining plea-colloquy post-hoc-warrant united-states-v-x-citement-video 1. The Sixth and Ninth Circuits are split on whether, during a plea colloquy in a child pornography case, the district judge must explain to the defen…
21-5712 George Ferrer Sanchez v. United States Eleventh Circuit 2021-09-20 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing Across all federal circuits, the courts of appeals have held that, as part of a plea agreement with the government, a criminal defendant can waive his…
21-5727 Frank Cisneros v. United States Sixth Circuit 2021-09-20 Denied Response WaivedIFP conspiracy criminal-defense criminal-procedure federal-law ineffective-assistance plea-bargaining sentencing-enhancement statute-of-limitations withdrawal (1) Whether an attorney's admitted failure to investigate or present a defendant's affirmative withdrawal from a conspiracy beyond the applicable st…
21-5708 Rodney Dale Hood v. Texas Texas 2021-09-17 Denied IFP contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power 1. Wether the current Due Process standard for interpreting the obligations of the parties in plea agreements Is to broad? 2. Are the States free to …
21-5679 Toye Tutis v. United States Third Circuit 2021-09-16 Denied Response WaivedIFP cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order WHETHER EMPLOYMENT OF A "CELL-SITE SIMULATOR", IN ORDER TO DETERMINE IF THE PETITIONER POSSESSED ANOTHER CELLPHONE, OR CELLPHONES, CONSTITUTED AN INFR…
21-5636 Peter Hurley v. Massachusetts Massachusetts 2021-09-09 Denied IFP civil-rights due-process evidence-preservation government-misconduct plea-bargaining sentencing CONST ART I 1O S7 Commonmealth MasS. Allowed 15 The iNTO Felony break TURN 1 CoNTRaCts AN Prison (whch they h 9N deFencdant PUT IM 2 is Comm. Allowed …
21-5601 Abdullah Hamidullah v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing 1. DID. THE DISTRICT'COURT VIOLATE THE DEFENDANT'S SUBSTANTIAL DUE PROCESS RIGHTS DURING THE MANDATORY RULE 11 COLLOGUY? 2. DID THE COURT ERR WHEN TH…
21-5489 Jerris M. Blanks v. United States Eighth Circuit 2021-08-26 Denied IFP circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion 1. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that under Fed. R. Crim. P. 12(c), a defendant who …
21-273 Buck Gene Brune v. United States Fifth Circuit 2021-08-25 Denied circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing Under the Fifth Amendment's Double Jeopardy Clause, upon a defendant's plea of guilty, does jeopardy attach: a. when the district court accepts the d…
21-5430 Percy Allen Stucks v. Florida Florida 2021-08-24 Denied IFP criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea Does a Florida defendant have the right to withdraw plea before trial?
21-5462 James Michael Kerns v. United States Sixth Circuit 2021-08-24 Denied Response WaivedIFP 18-usc-16 18-usc-924 constitutional-vagueness crime-of-violence plea-bargaining plea-validity sentencing-challenge sessions-v-dimaya statutory-interpretation supreme-court-precedent united-states-v-davis Question I. If Count 3 charging a violation of 18 U.S.C. § 924 is without legal, constitutional foundation as it alleges a crime of violence in Count …
21-5446 Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. Third Circuit 2021-08-23 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel WHETHER TRIAL COUNSEL ADEQUATELY AND EFFECTIVELY ASSISTED PETITIONER IN DECIDING WHETHER TO ACCEPT A PLEA OFFER OF 15 TO 30 YEARS WHERE COUNSEL FAILED…
21-256 Bilal Hamid Love v. United States Fifth Circuit 2021-08-23 Denied Response Waived criminal-procedure due-process federal-sentencing-guidelines ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-guidelines strickland-standard Is defense counsel required, in order to provide effective assistance of counsel, to give the defendant an estimate of the potential guideline sentenc…
21-5408 Bruce Allen Rutherford v. United States Fifth Circuit 2021-08-18 Denied Response WaivedRelisted (2)IFP 28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment Court states that, Movant claimes counsel failed to inform him of plea offers and allowed them to expire was not in §2255. (see Appendix A) This state…
21-5404 Maria Teresa Duarte Godinez v. United States Fifth Circuit 2021-08-17 Denied Response WaivedIFP appeal appellate-review criminal-procedure disparities due-process judicial-discretion plea-bargaining sentence-disparity sentencing sentencing-waiver waiver Whether the appellate court erred when it enforced the waiver keeping the Defendant from appealing her sentence in violation of her due process rights…
21-225 Ashley Mere Howard v. Texas Texas 2021-08-16 Denied Response RequestedRelisted (2) credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal I. Does the state court's decision that petitioner cannot challenge her murder conviction based on her original counsel's failure to inform her of the…
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment I. PETITIONER'S TRIAL COUNSEL WAS APPROACHED AT THE TIME THE JURY RETIRED FOR DELIBEARITONS BY PROSECUTING ATTORNEY SCOTT EHLFELDT TENDERING A PLEA O…
21-5276 William H. Bransford v. Dan Winkelski, Warden Seventh Circuit 2021-08-03 Denied Response WaivedIFP aedpa-standard appellate-counsel civil-commitment dna-evidence due-process habeas-corpus indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-bargaining 1. Should pre-A-EDP-A standard of a 2.8 4-.§2254 petition apply when an indigent defendant has been U.S.C. constructively abandoned by appointed appel…
21-122 Davin Seth Waters v. United States Fifth Circuit 2021-07-28 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness 1) Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary?
21-5142 Michael Angelo Williams v. United States Sixth Circuit 2021-07-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea Whether this honorable Court should grant certiorari to review whether Mr. Williams should have been permitted to withdraw his guilty plea, which requ…
21-5098 Hal Herring Brown, Jr. v. United States Fourth Circuit 2021-07-15 Denied Response WaivedIFP appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION FOR SECURI…
21-5091 Brian Dunkley v. Shawn Phillips, Warden Sixth Circuit 2021-07-14 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same i…
21-5100 Matthew James Haymond, Sr. v. United States Eighth Circuit 2021-07-14 Denied Response WaivedIFP crack-cocaine criminal-sentencing drug-offenses fair-sentencing-act first-step-act mandatory-life-sentence mandatory-minimum plea-bargaining retroactive-application sentencing-reduction statutory-interpretation Whether Mr. Haymond was improperly denied First Step Act § 404 relief from his mandatory life sentence under 21 U.S.C. § 841(b)(1)(A), where the distr…
21-5089 Martin Thomas Lawrence v. United States Eighth Circuit 2021-07-13 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel 1. Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court shou…
21-5031 Luis Pitt v. United States Second Circuit 2021-07-07 Denied Response WaivedIFP bradshaw-v-stumpf circuit-split court-of-appeals due-process involuntary-plea judicial-review kercheval-v-united-states plea-acceptance plea-bargaining supreme-court-precedent Whether Petitioner's Due Process rights were violated when the Court of Appeals failed to remedy the District Court's improper acceptance of Petitione…
20-1825 Jeffrey McClatchy v. Texas Texas 2021-07-01 Denied brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz 1. RELEVANT ISSUES : Brady v. Maryland , 373 U.S. 83 (1963), enshrined the principle that the prosecu-tion is obligated to provide a criminal defendan…
20-8415 Demario Deshawn Simpson v. United States Sixth Circuit 2021-06-25 Denied Response RequestedResponse WaivedRelisted (2)IFP count-specific-plea criminal-indictment criminal-procedure due-process federal-rules-criminal-procedure jurisdiction partial-guilty-plea plea-bargaining plea-entry sentencing-guidelines sixth-amendment Whether a defendant has a right under the Federal Rules of Criminal Procedure to enter a partial guilty plea (without a plea agreement or any plea bar…
20-8401 Tyler Landon Thornton v. Florida Florida 2021-06-23 Denied IFP circuit-split civil-rights coercion constitutional-rights criminal-plea due-process fifth-amendment involuntary-confession non-state-actor plea-bargaining plea-involuntariness I. THIS CASE PRESENTS AN OPPORTUNITY TO RESOLVE A CIRCUIT SPLIT ON THE FOLLOWING QUESTION: WHETHER COERCION FROM A NON-STATE ACTOR CAN RENDER A PLEA I…
20-8407 Daniel Littlepage v. Tim Shoop, Warden Sixth Circuit 2021-06-23 Denied Response WaivedIFP aggravated-murder criminal-procedure due-process orc-2945.06 plea-bargaining post-release-control sentencing three-judge-panel 1. Is the Petitioner's Due Process Rights Violated Due to the requiring a Three-Judge Panel Violation of O.R.C. ' 2945.06 for Aggravated Murder? 2. …
20-8354 Lewis Wesley Hickman, III v. United States Fourth Circuit 2021-06-22 Denied Response WaivedIFP criminal-history criminal-procedure due-process evidence-challenge felony-conviction judicial-review mandatory-minimum plea-bargaining sentencing-disparities sentencing-enhancements sentencing-guidelines why was my 3 points for accepting responsibility taken for a fight in jail. I Know I didnt say} "Cooperator"; I didnt Know him at all. why was I give…
20-8367 Kiera Shanice Graham v. Brooks Benton, Warden Georgia 2021-06-21 Denied IFP constitutional-rights counsel-representation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing voluntary-decision Is ifa vfokthon of dun proc.&& for & defwda nb -b pkad AUi'I'ly b a \ fo SinDmoi tohjin informed hj Counsel +inaf Umm pm\fo (mos biwj aujhi, ba+ ujos…
20-8369 Clarence Clark v. United States Second Circuit 2021-06-21 Denied Response WaivedIFP 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent, when it denied Mr. Clark's c…
20-8319 John J. Wilson, Jr. v. Florida Florida 2021-06-15 Denied Relisted (2)IFP appellate-procedure criminal-counsel direct-appeal due-process florida-bar-investigation ineffective-assistance ineffective-assistance-of-counsel misrepresentation plea-bargaining torture 1. Can same criminal counsel misrepresenting defendant in the same L.T. case, and other cases in the trial court documenting instances of "torture" t…
20-8247 Marcus Darwyn Jones v. United States Fifth Circuit 2021-06-09 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver 1. Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing. 2.…
20-8259 Peter James Sorokaput v. Pennsylvania Pennsylvania 2021-06-09 Denied IFP civil-rights coerced-confession constitutional-rights criminal-procedure due-process law-enforcement plea-bargaining sentencing wrongful-conviction So W ftkouf Sl/ch evidence Old oFFfceC FiaVe ffobableCaLlse +o SiopOie, SeaOch meTThen he?Oessufla) Hie-, Forced me +o Confess -Vo a crime I d ithric…
20-8267 Christopher Jermaine Kelley v. United States Sixth Circuit 2021-06-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining Did the United States District Court for the Middle District of Tennessee and the United States Court of Appeals for the Sixth Circuit err in denying …
20-1702 Jimmy Cobb v. United States Eleventh Circuit 2021-06-08 Denied Response WaivedRelisted (2) criminal-law criminal-procedure federal-jurisdiction ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-deal sixth-amendment statutory-interpretation undercover-operation 1. Does a District Court have the have Jurisdiction to punish and convict conduct that does not fall within a Federal Statute of 18 U.S.C 2422(b) and …
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Can the State District Court convict petitioner without "paid" counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings, With a out…
20-8189 Heather Dawn Griffith v. United States Fifth Circuit 2021-06-02 Denied Response WaivedIFP controlled-substance controlled-substances criminal-procedure drug-distribution federal-rule federal-rules-of-criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation Whether, in a prosecution under 21 U.S.C. § 846, Federal Rule of Criminal Procedure 11(b)(3) requires a statement sufficient to show an agreement to d…
20-8204 Severiano Martinez-Rojas v. United States Second Circuit 2021-06-02 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-procedure judicial-review plea-bargaining restitution restitution-calculation sentencing sentencing-procedure vulnerable-victim-enhancement I. Whether the Second Circuit failed to follow Supreme Court precedent in Rosales-Mireles v. United States, 138 S. Ct. 1897, 1900 (2018) when it enfor…
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-8171 Terry L. Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-27 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations 1. Whether fraud, false and misleading statements in arrest & extradition warrant affidavit - irrespective of the subsequent indictment in this case -…
20-8122 Andi Mustafa v. Michigan Michigan 2021-05-25 Denied IFP criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant Is Plaintiff entitled to withdraw his no contest plea when he was not interrogated by the judge to determine the factual basis for his plea and the Ju…
20-8128 Teddy Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-25 Denied Response WaivedIFP arrest-warrant civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equitable-tolling habeas-corpus plea-bargaining statute-of-limitations 1. Whether fraud, false and misleading statements in arrest & extradition warrant affidavit - irrespective of the subsequent indictment in this case -…
20-8132 George Verkler v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel Does the presumption of innocence and due process mean that if a judge will not read everything Mr. Verkler, the Defendant in a criminal case submits …
20-8073 Damari Jennings v. Louisiana Louisiana 2021-05-19 Denied Response WaivedIFP alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment Under the requirements of Boykin v. Alabama, was Jennings denied due process and equal protection when the trial court refused to allow him to withdra…
20-8040 Michael N. Kelsey v. New York New York 2021-05-17 Denied Response WaivedIFP civil-rights constitutional-rights due-process ineffective-counsel judicial-neutrality plea-bargaining procedural-default sentencing trial-rights 1: Are New York State's procedural rules insufficiently hospitable to a Petitioner's constitutional claims such as here where the Petitioner was deeme…
20-1581 Malia Arciero v. United States Ninth Circuit 2021-05-14 Denied Response Waived criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing-enhancement sixth-amendment Whether this Court holding in Lafler v. Cooper, 566 U.S. 156 (2012), is still good law, and if so, whether Arciero is entitled to relief due to defens…
20-8016 Rico Blackwell v. United States Eleventh Circuit 2021-05-13 Denied IFP actual-innocence collateral-attack-waiver criminal-procedure davis-challenge federal-sentencing habeas-corpus plea-bargaining procedural-default residual-clause section-924c statutory-interpretation statutory-maximum Mr. Blackwell is serving a long federal prison sentence for the paired crimes of conspiracy to commit bank robbery and use of a firearm during and rel…
20-7983 Thomas Lam v. Robert C. Tanner, Warden Fifth Circuit 2021-05-11 Denied IFP certificate-of-appealability constitutional-plea criminal-procedure due-process fifth-circuit habeas-corpus henderson-v-morgan judicial-error jury-instructions plea-bargaining standard-of-review voir-dire The trial judge relied on a discussion with the jury, during voir dire as satisfaction to a constitutional guilty plea that he informed Petitioner of …
20-7965 Jeffrey Ray Sundwall v. Florida Florida 2021-05-10 Denied IFP appeals civil-rights constitutional-law constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining plea-negotiations post-conviction-relief Question not identified.
20-7901 Chalin Merrihew v. Florida Florida 2021-04-30 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining post-conviction-relief sentencing statutory-interpretation "fiuip cOV'£- vv \a&* €^eryBvv^ Ivovaj kfS wC+Mr^w- 1 akes 4WW Av ,-eUW A® '^ v3 cWr^-fW kfs \(A4k ' " v— X ^7' y~cuc w\ S^zUACe^ 4® t>£> XuC)Aern'eA …
20-7902 John Laponte v. California California 2021-04-30 Denied IFP constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing Is petitioner entitled to enforce the terms of his plea agreement; 1 . Is indefinite incarceration constitutional; 2 . What constitutes excessive pu…
20-7801 Cody Lee Herman v. United States Sixth Circuit 2021-04-19 Denied Response WaivedIFP and sentencing stages plea constitutional-rights conviction criminal-procedure effective-assistance-of-counsel ineffective-assistance plea-bargaining plea-stage plea-stages pro-se-objections right-to-counsel sentence sentencing sentencing-stage A. Whether Petitioner's Right to the Effective Assistance of Counsel Was Violated During the Pretrial and Plea Stages of this Case Requiring That Peti…
20-1440 David Abram Anaya v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-15 Denied Response Waived civil-rights constitutional-rights counsel-deficiency due-process habeas-corpus ineffective-assistance plea-bargaining prejudice prejudice-standard reasonable-probability Whether this Court's decisions clearly establish that a defendant can show he was prejudiced by his counsel's deficient performance causing him to rej…
20-7740 Jason Robert Vickers v. Kenneth Diggs, Warden Fourth Circuit 2021-04-14 Denied Response WaivedIFP criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction Whether a Criminal defendant is indicted in order to charge and/or convict with a harsher Crime, if a Criminal defendant is indicted with a particular…
20-7707 Charles Michael Ledford v. United States Fourth Circuit 2021-04-12 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process plea-bargaining statutory-interpretation WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. LEDFORD'S MERITORIOUS ARGUMENTS DUE TO THE APPELLATE WAIVER LANGUAGE OF THE PLEA A…
20-7724 John K. Wilson v. Rosemary Ndoh, Warden Ninth Circuit 2021-04-12 Denied Response WaivedIFP constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings Is a state court's ruling that a criminal defendant's guilty plea was "voluntary" a constitutional question under the Fourteenth Amendment, subject to…
20-7672 James Michael Garcia v. United States Ninth Circuit 2021-04-07 Denied Response WaivedIFP assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury WHETHER, AFTER A DEFENDANT PLEADS GUILTY TO FELONY CHILD ABUSE, THE GOVERNMENT MAY STILL PURSUE A CHARGE OF ASSAULT RESULTING IN SERIOUS BODILY INJURY…
20-7583 Thomas Mark Hild v. Colorado Colorado 2021-03-26 Denied IFP 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions 1) Given this Court has ruled that our criminal justice system is largely a system of pleas rather than trials, is there a constitutional requirement …
20-7543 Victor Real-Alomar, aka Toston v. United States First Circuit 2021-03-24 Denied Response WaivedIFP appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover…
20-7528 Jonathan Figueroa-Serrano v. United States Eighth Circuit 2021-03-22 Denied IFP appellate-review conditional-plea criminal-procedure federal-courts federal-rules harmless-error plea-bargaining sentencing Under Federal Rule of Criminal Procedure 11(a)(2), a defendant may enter a guilty plea conditioned on the right to appeal an adverse pretrial ruling. …
20-7467 Timothy Wayne Carver v. United States Eleventh Circuit 2021-03-17 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Where plea counsel erroneously convinces a defendant to believe that he is guilty of an offense, may the guilty-pleading defendant obtain relief from …
20-7439 Michael Luis Suarez v. United States Eleventh Circuit 2021-03-12 Denied Response WaivedIFP 18-usc-924(c) actual-innocence categorical-approach crime-of-violence criminal-procedure due-process plea-bargaining predicate-offense procedural-default sentencing-guidelines statutory-enhancement Whether a defendant may be enhanced under 18 U.S.C. § 924(c) where he entered a plea of guilty to an offense that no longer qualifies as a predicate o…
20-7291 John L. Harris v. Illinois Illinois 2021-03-02 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th…
20-7292 Matthew Lee Staszak v. United States Seventh Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP 18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 I. WHETHER THE SUPREME COURT SHOULD GRANT THE WRIT WHERE PROSECUTORIAL MISCONDUCT AND INEFFECTIVE ASSISTANCE OF COUNSEL VIOLATES DUE PROCESS WHERE NO …
20-7283 John Larvie v. United States Eighth Circuit 2021-03-01 Denied Response WaivedIFP civil-rights constitutional-violation double-jeopardy due-process federal-review habeas-corpus judicial-discretion plea-bargaining procedural-default standing state-court-reasoning tribal-sovereignty my attoing didit leve me with Instrutions ot hou to propers appeal Nor cani contact. Aftorng doesid say muh so Ive boen for avhite and battted bore co…
20-7273 Patrick Roger Brigaudin v. United States Eighth Circuit 2021-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment iOhLtbtr flu pr&seci&.t'ofa thctcjfd to cl, dtftndanf that- he lO&tL'ld. rectrVe. h'-ft 5-cofence (f ht d:d not accept cl p{tQ_ tf-f fer cLto (td. h<…
20-1187 Leon Carmichael, Sr. v. United States Eleventh Circuit 2021-02-25 Denied Response Waived constitutional-rights contemporaneous-evidence criminal-procedure due-process hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-test sentencing-guidelines Question One: What additional objective and evidentiary evidence is required to satisfy "the prejudice test" that this Court articulated in "Missouri …
20-7197 Roberto Elias Martinez v. United States Fifth Circuit 2021-02-23 Denied Response WaivedIFP criminal-procedure district-court due-process maximum-term plain-error plea-bargaining plea-colloquy sentencing statutory-maximum Whether plain error resulted from the district court erroneously advising the client during plea colloquy that the maximum term of imprisonment was 10…
20-7190 Erik Sanchez v. Terry Jacques, Warden Tenth Circuit 2021-02-22 Denied Response WaivedIFP confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines IN ORCDER FOR THE SENTENCING COURT TO DEPART FROM THE CONCURCENT SENTENCES REQUIREMENT IN .R.S. S18-1-HOB(3) DOES COOVECNMENT MUST ENTER FACTUAL BASIS…
20-7202 Deon Anthony Romell Bailey v. United States Eighth Circuit 2021-02-22 Denied Response WaivedIFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel ninth-circuit plea-bargaining post-conviction sentencing sixth-amendment Did the Eighth Circuit improperly deny Petitioner's Sixth Amendment right to effective assistance of counsel by failing to remand to the district cour…
20-7161 Tyrell E. Artis v. Ohio Ohio 2021-02-16 Denied IFP constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment CAN A PLEA DEAL CONSISTING OF TWO (2) MISDEMEANOR DOMESTIC VIOLENCE CHARGES BE WITHDREW POST SENTENCE, WHEN; (1 ) NO DIRECT APPEAL WAS TAKEN; (2) SAID…
20-7129 Tyreek Torrence v. Pennsylvania Pennsylvania 2021-02-11 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment Question not identified.
20-7062 Alfred L. Cross v. United States Seventh Circuit 2021-02-05 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t…
20-1056 Justin Wolfe v. Virginia Virginia 2021-02-03 Denied Response RequestedResponse WaivedRelisted (2) appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution After petitioner Justin Wolfe obtained federal habeas relief because of "abhorrent" prosecutorial misconduct, the Commonwealth of Virginia vindictivel…
20-7002 Ryan C. Lander v. United States Second Circuit 2021-02-01 Denied Response WaivedIFP 4th-amendment 6th-amendment civil-rights constitutional-rights due-process fourth-amendment free-speech government-seizure plea-bargaining search-and-seizure warrantless-search — is it covsrmcp 0*' 1- 7c» Hos^cux^ cin^^s r>^ PoaudOidABM^ 0TH6& CQiMes UjufteH The "lATfzesTrrz Coaimgacg * cuuf^r t^CA^er in& CofopiAT&K- ok oTk&f…
20-6902 Layw Thomas v. Kentucky Kentucky 2021-01-22 Denied Response WaivedIFP disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in priso…
20-978 Poppi Metaxas v. United States Second Circuit 2021-01-22 Denied Response WaivedRelisted (2) certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial 1. Whether the petitioner was denied effective assistance of counsel with respect to the plea process by counsel's failure to discuss with and inform …
20-6837 Jacob Ray Owens v. United States Fifth Circuit 2021-01-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of …
20-6764 James Ray Davis v. Christopher Morledge, Judge, Circuit Court of Arkansas, St. Francis County, et al. Eighth Circuit 2021-01-04 Denied IFP appeals criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing nfed pnt 227 on8-21n 2th2017 was entence on new charge's that was not pors, Cr-17-240 cr.17-243 2r-17-244 r 17-241 cr-17-242 did I see a motin to disc…
20-6730 Jose Lupe Corrall v. United States Fifth Circuit 2020-12-31 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation 1. Under McFadden v. United States, ---U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to "knowingly" distributing a controlled substan…
20-6720 Terek Harper v. United States Fourth Circuit 2020-12-30 Denied Response WaivedIFP consideration contract-law criminal-law criminal-procedure due-process federal-criminal-law plea-agreement plea-bargaining void-agreement void-for-lack-of-consideration Whether A Federal Criminal Plea Agreement is Void and Unenforceable When it Lacks Consideration.
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…
20-6668 Christopher Zamarripa v. United States Fifth Circuit 2020-12-21 Denied IFP ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6610 Luis Sanabria-Robreno v. United States Third Circuit 2020-12-11 Denied Relisted (2)IFP 18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states When defendant s plead guilty, this Court's precedent —consistent with due process —require s that they understand the offense's essential elements. I…
20-6584 Richard Olive v. United States Sixth Circuit 2020-12-09 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington 1. What do Missouri v. Frye, 566 U.S. 134 (2012), and Lafler v. Cooper, 566 U.S. 156 (2012), require of a defendant to demonstrate prejudice resulting…
20-776 Gregory Williams v. Leonta Jackson, Warden Seventh Circuit 2020-12-07 Denied Response Waived criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test 1. When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentenc…
20-6511 Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States First Circuit 2020-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment 1. Whether This Court Should Grant This Petition Because The First Circuit's Judgment Affirming The District Court's Judgment Violates Mr. Lugo-Guerre…
20-6469 Hector Valentine v. United States Third Circuit 2020-12-01 Denied Response WaivedIFP appellate-procedure constitutional-law criminal-innocence criminal-law double-jeopardy judicial-review plea-bargaining sentencing statutory-interpretation third-circuit Whether the Third Circuit's Erred in not addressingconduct has been rendered non-criminal byanintervening Whether the Third Cirauit's Erred in not ad…
20-752 Gavin B. Davis v. California California 2020-12-01 Denied Relisted (2) appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances (1) Did the 4th Dist., Div. 1, Court of Appeal, California, err in its (a) inquiry and (b) application of Boykin / Tahl 1 analysis under its (c) "tota…
20-6422 Nazariy Kmet v. United States Third Circuit 2020-11-25 Denied Response WaivedIFP constitutional-rights due-process federal-regulations hinton-v-alabama ineffective-assistance-of-counsel judicial-process plea-bargaining strickland-v-washington supervisory-powers u.s-v-lee Question I—Whether the 3rd Circuit's denial of the Petitioner's 2255 Motion directly violate this Court's decisions in the U.S. v. Lee, Hinton v. Alab…
20-6449 Anthony Don Brown v. United States Fifth Circuit 2020-11-25 Denied Response WaivedIFP civil-rights due-process plea-bargaining sentencing sixth-amendment waiver 1. Under Class v. United States, 138 S.Ct. 798 (2018), when a defendant argues on appeal that his sentence was imposed in violation of his Fifth Amend…
20-6426 Jose Farias-Valdovinos v. United States Eighth Circuit 2020-11-24 Denied Response WaivedIFP appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri…
20-6405 Joshua Cato v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation 1. Under McFadden v. United States, --U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to "knowingly" distributing a controlled substanc…
20-6391 Timothy Ronald Hare v. Michigan Michigan 2020-11-20 Denied IFP constitutional-standard critical-stage effective-assistance ineffective-assistance lafler-v-cooper plea-bargaining prejudice prejudice-analysis right-to-counsel sixth-amendment united-states-v-cronic I. Does the requirement to prove prejudice under this Court's previous decision in Latter v Cooper, place a burden on the accused that this Court deem…
20-6373 Cordarrius Bonds v. United States Sixth Circuit 2020-11-18 Denied Relisted (2)IFP criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error I. When a defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and the plea was neither knowing no…
20-6347 Christopher Mikelinich v. United States Second Circuit 2020-11-17 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he…
20-6361 Robert L. Davis v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-11-17 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-review standing weight-of-evidence We EK Pino po ted ns oe United StotesCourt_of AP Peal ancl Micelle Dis tira to Sok Elena has oleseteal So Fixe Reale the accebhed andl use| course _of…
20-6327 Terry Charles Carroll v. United States Fifth Circuit 2020-11-16 Denied Response WaivedIFP criminal-procedure fifth-circuit plea-bargaining standard-of-review supervisory-powers supreme-court Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which held plain error would be the standard of rev…
20-6283 Robert Brownlee v. Mark Capozza, Superintendent, State Correctional Institution at Fayette Third Circuit 2020-11-12 Denied Response WaivedRelisted (2)IFP amendment constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining statutory-interpretation I. WHETHER TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO RESEARCH THE ELEMENTS OF A VIOLATION OF 18 PACSA 6301(a)(1)(@i) (THE STATUTE"…
20-6291 Christopher Stacy v. United States Eleventh Circuit 2020-11-12 Denied Relisted (2)IFP criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitle…
20-646 Michael Tyler Baggott v. Florida Florida 2020-11-12 Denied Response Waived civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice sex-offender-registration I. Whether the reasoning of Lee v. United States, 137 S. Ct. 1958 (2017) extends to defendants facing lifelong sex offender registration conditions fr…
20-6190 Bradley R. Freeman v. New Mexico New Mexico 2020-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct 1. Does the Constitution require, before entering into a binding plea agreement with a criminal defendant, that the prosecution disclose favorable, ma…
20-6162 Frank Trujillo v. United States Tenth Circuit 2020-10-29 Denied Relisted (2)IFP criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of…
20-6147 Shane Anthony Roberts v. United States Eighth Circuit 2020-10-28 Denied Response WaivedIFP appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence by summarily granting a government m…
20-6154 Roderick Perez-Gonzalez v. United States First Circuit 2020-10-28 Denied Response WaivedIFP conspiracy constitutional-law criminal-procedure double-jeopardy due-process plea-bargaining prosecution united-states-constitution Whether Subsequent Prosecution of Conspiracies Violate the Double Jeopardy Clause of the United States Constitution when Both Conspiracies Operate Und…
20-6140 Roger Jose Almanzar v. United States First Circuit 2020-10-27 Denied Response WaivedIFP appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel when it addr…
20-6109 Rashawn D. Watson v. United States Sixth Circuit 2020-10-22 Denied Relisted (3)IFP criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states A. Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated when (1) t…
20-6106 Rafael Cruz v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced t…
20-6074 Timothy Jarred Paige v. United States Eleventh Circuit 2020-10-20 Denied Relisted (2)IFP civil-rights criminal-charge criminal-procedure district-court-jurisdiction due-process plea-agreement plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation WHEN CHARGED WITH VIOLATING 18.U.S.C § 922(9)(1) COUPLED WITH § 924(a)(2) DOES THE DISTRICT COURT RETAIN JURISDICTION TO CHARGE AN OFFENSE THAT ISN'T …
20-6018 Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-10-15 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining 1. Can a guilty plea which contains impossible and illegal clauses be entered into intelligently, knowing ly, and voluntarily? 2. Is the Due Process …
20-5999 Sonya Porter v. Pennsylvania Pennsylvania 2020-10-13 Denied Response WaivedIFP continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protec…
20-6000 Sara G. Kielly v. New York New York 2020-10-13 Denied IFP civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing 1.5 a defendant required, in light of well-established facts, to explicitly state a plea agreement's constitutional conditions, and treatment in priso…
20-5953 Alex Lenard McCoy v. United States Fourth Circuit 2020-10-08 Denied Response WaivedIFP andrus-v-texas certificate-of-appealability counsel-performance discovery due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining section-2255 sixth-amendment 1. Was trial counsel ineffective in his directive to advise McCoy to plead guilty by failing to review the government's discovery in violation of this…
20-444 United States v. Michael Andrew Gary Fourth Circuit 2020-10-07 Judgment Issued Amici (5) criminal-law criminal-procedure due-process felon-in-possession firearm-possession mens-rea plain-error plain-error-rule plea-bargaining plea-colloquy substantial-rights Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled t…
20-5862 Markey Antonio Goldston v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT?
20-5826 Chris Anthony George v. Raymond Madden, Warden Ninth Circuit 2020-09-28 Denied IFP appellate-procedure civil-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel party-presentation plea-bargaining pro-se pro-se-petition sua-sponte 1. In United States v. Sineneng-Smith, 140 S. Ct. 1575, 1578 (2020), this Court held that the Ninth Circuit "departed so drastically from the principl…
20-5812 Jason Andrew Dunlap v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines Do the sentencing Guidelines limit the maximum offense level to 43, so that, from that highest level, there is a reduction when a defendant accepts re…
20-5757 Jerrieus Williams v. United States Fifth Circuit 2020-09-18 Denied Response WaivedIFP appellate-review constitutional-vagueness criminal-law criminal-sentencing due-process firearms-offense plea-agreement plea-bargaining residual-clause sentencing void-for-vagueness Whether 18 U.S.C. §§ 2 and 1951(a), aiding and abetting interference with commerce by robbery, falls under the residual clause found at 18 U.S.C. § 92…
20-5715 Martin Rogelio Longoria v. United States Fifth Circuit 2020-09-16 Denied Response RequestedResponse WaivedRelisted (3)IFP at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the…
20-5717 William Bradner v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici…
20-5719 Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-16 Denied Response WaivedIFP certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claims th…
20-5674 In Re James Ward 2020-09-11 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington 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 …
20-5636 Miguel Figueroa v. United States Second Circuit 2020-09-10 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process federal-jurisdiction gun-statute plea-bargaining plea-colloquy predicate-offense sentencing sentencing-enhancement statutory-interpretation Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.…
20-5651 Christopher R. Gish v. Randall Hepp, Warden Seventh Circuit 2020-09-10 Denied Response WaivedIFP constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard In Lee v. United States , __ U.S. __, 137 S. Ct. 1958, 1965 (2017), this Court held that in assessing whether a defense attorney's deficient advice th…
20-5626 Monte Whitehead v. New Mexico New Mexico 2020-09-09 Denied IFP bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law New Mexice's anti-waiver statute void? If so! 2. I's the decision by the New Mexico District Court contory te New Mexico's anti-wai ver statute and t…
20-5642 Christopher Wooten v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-09-09 Denied IFP civil-rights criminal-procedure due-process felony plea-bargaining sentencing Review Imilotel useof PRIA FHLaN To APPOINT COUNSE AND DEFENDANT W9 YerTEMED To JHL.49.09 DWI ENHMNT. TEKAh. "ON-CONSTITOTIONA/ 7h UTATE of GTRTuT, Pe…
20-5574 Jose Luis Torres v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2020-09-02 Denied Response WaivedIFP civil-rights constitutional-provisions deficient-performance due-process habeas-corpus ineffective-assistance multiplicious-offenses plea-agreement plea-bargaining procedural-default Question not identified.
20-5577 Malik Timbers v. United States Eleventh Circuit 2020-09-02 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN FINDING THAT TIMBERS' GUILTY PLEA WAS VOLUNTARY AND THE SENTENCE-AP…
20-5540 Ugunda Giovanni Sanders v. United States Sixth Circuit 2020-08-31 Denied Response WaivedIFP conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct The Government charged Sanders with a conspiracy taking place on June 28, 2017. When Sanders pled guilty the Government reserved the right to charge h…
20-5499 Savannah Rolle v. United States Eleventh Circuit 2020-08-26 Denied Relisted (3)IFP criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent…
20-5453 Jose Luis Sanchez-Rosado v. United States Eleventh Circuit 2020-08-24 Denied Relisted (3)IFP appellate-review circuit-split constitutional-error criminal-conviction criminal-procedure due-process fourth-circuit harmless-error involuntary-plea plea-bargaining plea-colloquy standard-of-review Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected t…
20-5473 Andres Chavez v. United States Fifth Circuit 2020-08-24 Denied Response WaivedIFP criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing I. WHETHER CHAVEZ WAS DENIED DUE PROCESS WHEN HE WAS MISLEAD INTO ENTERING A GUILTY PLEA; BECAUSE COUNSEL FAILED TO REVIEW THE PSR WITH HIM AND FAILED…
20-5423 Edwin Jassiel Peralta-Castro v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP constitutional-rights due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-proceedings pre-trial-stage sentencing-exposure Did the Fifth Circuit Court of Appeals err in determining there was no "Substantial Showing of Denial of a Constitutional Right " - Failure to Explain…
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions addre…
20-5432 Michael James Barnes v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-relief post-conviction-waiver section-2255-petition sentencing Whether the district court and the Fifth Circuit Court of Appeals erred by finding that the post-conviction waiver in Mr. Barnes' Plea Agreement bars …
20-5437 Wendell Taylor v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-waiver section-2255-petition sentencing Whether the district court and the Fifth Circuit Court of Appeals erred by finding that the post-conviction waiver in Mr. Taylor's Plea Agreement bars…
20-5419 Michael D. Dyer v. Aimee Smith, Warden, et al. Georgia 2020-08-19 Denied IFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel Question not identified.
20-5397 Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-18 Denied IFP constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining racial-bias racial-discrimination trevino-v-thaler trial-counsel venue-change WAS BANKS CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL, RAISED FOR THE FIRST TIME DURING HIS FEDERAL HABEAS CORPUS PETITION, A SUBSTANTIAL CLAIM WITHIN …
20-5317 Jeremiah Rodgers v. Florida Florida 2020-08-11 Denied Response WaivedIFP criminal-procedure diagnostic-uncertainty due-process gender-dysphoria medical-evidence mental-health plea-bargaining plea-voluntariness post-conviction-relief procedural-bar 1. Whether the newly discovered evidence of a criminal defendant's medical condition, including gender dysphoria, may implicate the voluntariness of a…
20-5292 Ashvinbhai Chaudhari v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal…
20-119 Louis Ruggiero v. United States Eleventh Circuit 2020-08-04 Denied Response Waived 28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255 Should the court of appeals have granted a certificate of appealability on whether a district court may deny a 28 U.S.C. § 2255 evidentiary hearing on…
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether the trial court should have granted Mr. Page's…
20-5202 Jerome Collins v. United States Fourth Circuit 2020-07-29 Denied Response RequestedResponse WaivedRelisted (2)IFP attempted-assault categorical-approach circuit-split crime-of-violence federal-prisoners mental-state plea-bargaining plea-of-guilty reckless-endangerment sentencing-guidelines 1. Whether the New York offense of attempt to commit a crime qualifies as a crime of violence, and whether varying conclusions from different circuits…
20-5157 Denard Stokeling v. United States Eleventh Circuit 2020-07-24 Denied Relisted (3)IFP armed-career-criminal-act circuit-split constitutional-error criminal-procedure due-process plea-bargaining plea-validity rehaif-v-united-states sentencing-enhancement violent-felony 1. Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed th…
20-51 Pedro Pete Benevides v. United States Eleventh Circuit 2020-07-22 Denied Response Waived criminal-forfeiture eighth-amendment excessive-fine forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-guidelines 1. Does the forfeiture of over $44 million constitute an excessive fine under the Eighth Amendment, where the forfeiture amount is more than 44 times …
20-5128 Vernon Chapman v. United States Seventh Circuit 2020-07-21 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process evidentiary-hearing exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-consequences Considered Copate if a attorney did not follo Is a investigation the advice of "Several experts advisig him on hou to get 1 definitive a deterination…
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington 1. Reasonable jurists would determine that Mr. Temple was denied effective assistance of counsel as guaranteed by the Sixth Amendment to the United St…
20-30 Nigel Christopher Paul Martin v. United States Eleventh Circuit 2020-07-16 Denied Response Waived criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w…
20-34 Anthony Thomas Grimes v. Kentucky Kentucky 2020-07-16 Denied Response Waived criminal-defense criminal-procedure effective-assistance-of-counsel parole-eligibility plea-bargaining plea-negotiation prejudice-standard sentencing sentencing-information sexual-offender-registration sixth-amendment strickland-v-washington Whether the Kentucky Court of Appeals has diminished and violated the federal constitutional guarantee of effective assistance of counsel in the pretr…
20-5042 Julian Silva-Aguilar v. United States Ninth Circuit 2020-07-13 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent In deciding that the defendant's guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the …
20-5015 James Latron Sumter v. United States Fourth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing 1. WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING NOT ALLOWING SUMTER TO WITHDRAW HIS GUILTY PLEA? 2. WHETHER THE APPELLA…
19-8912 Giezi Arce-Calderon v. United States First Circuit 2020-07-07 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness A. Whether the sentence imposed on Mr. Arce is substantively unreasonable, despite being a guideline sentence of six months, where the parties agreed …
19-8893 Darryl Henry v. United States Fifth Circuit 2020-07-02 Denied Response WaivedIFP appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8839 Clayton D. Morrow v. Florida Florida 2020-06-26 Denied Response WaivedIFP brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland 1, does; especially when the infor…
19-8649 Angelo Johnson v. United States Eighth Circuit 2020-06-13 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty…
19-8667 Diamante Alfred v. United States Ninth Circuit 2020-06-11 Denied Response WaivedIFP due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation 1. Does a district court fail to appropriately individualize a supervision-violation sentence where the sentence imposed is based on a "promise" made …
19-8635 Kenneth Brown v. Kentucky Kentucky 2020-06-08 Denied Response RequestedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington 1. Should a court be allowed to deny the withdrawl of a defendant's guilty plea,- when it is clear that the plea was not entered voluntarily, and wi…
19-1338 Briley W. Piper v. Darrin Young, Warden South Dakota 2020-06-04 Denied criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial The South Dakota Supreme Court has ruled that Briley did not knowingly and intelligently waive his right to a jury trial. But the South Dakota Supreme…
19-8589 Ramon Enrique Acosta v. United States Eleventh Circuit 2020-06-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the…
19-8579 Jonathan Frank Davis v. United States Ninth Circuit 2020-06-01 Denied Response WaivedIFP appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol…
19-1330 Michigan v. Juan T. Walker Michigan 2020-06-01 Denied alford-plea collateral-attack criminal-procedure ineffective-assistance-of-counsel lafler-v-cooper perjury plea-bargaining retroactivity Respondent maintained his innocence before trial, and testified at the evidentiary hearing ordered by the Michigan Supreme Court on his collateral att…
19-8553 Devian Phillips v. Ohio Ohio 2020-05-28 Denied IFP constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise Whether guilty plea is voluntarily and intelligently made, which rests on a promise or agreement of the prosecutor, which can be said to be part of th…
19-8557 Kallen E. Dorsett, Jr. v. United States Third Circuit 2020-05-28 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard 1. Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause u…
19-8535 Courtney Rashon Johnson v. United States Eleventh Circuit 2020-05-23 Denied Response WaivedIFP civil-rights constitutional-violations criminal-procedure due-process eleventh-circuit federal-review grand-jury habeas-corpus plea-bargaining standing 1.) THE 11+CnCUIT conCEDES thAT JOhUSON SObSTANtiAl RinTS WERE NOT 3tAtOS ElEMENT ANd dENiEd JOHnSON RELEf. BUt ON thE othER hANd thE 4+ CIRCUt COnCED…
19-8504 Jose Antonio Garcia v. United States Ninth Circuit 2020-05-20 Denied Response WaivedIFP admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release Whether Mr. Garcia's admission to a violation of supervised release in this matter violated due process where the district court failed to clearly inf…
19-8444 Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-05-12 Denied Response WaivedIFP criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts WHETHER THE INTEGRITY OF THE COURT REQUIRES ENFORCEMENT OF RULE 3.171(A) FLA. R. CRIMINAL P. WHERE THE STATE HAS KNOWINGLY AND INTENTIONALLY VIOLATED …
19-8325 Qais Hussein v. United States Seventh Circuit 2020-04-21 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin…
19-8312 Lazaro Candelaria v. United States Eleventh Circuit 2020-04-20 Denied Response WaivedIFP criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation 1) Whether the First Step Act of U.S. in his Title 21 U.S.C. § 2255(f)(1) motion. 2) Whether CounselSenate Bill 756, applies to the Petitioner, ineff…
19-8297 Leif O'Connell v. Dushan Zatecky Seventh Circuit 2020-04-19 Denied Response WaivedIFP appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment (Issue added by the State Attorney General on Appeal not heard in post conviction court used to affirm appeal failing to address the claims below). Th…
19-8274 Tracy Anthony Scott v. United States Eleventh Circuit 2020-04-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? Is Florida § 893.13 categorically a qu…
19-8279 Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-04-16 Denied Response WaivedRelisted (2)IFP amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealabi…
19-8220 Jorge Macli v. United States Eleventh Circuit 2020-04-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment trial-choice 1. Whether the Petitioner was denied his Sixth Amendment right to effective assistance of counsel where the record was clearly established that defens…
19-8098 Juan Carlos Rodriguez v. United States Ninth Circuit 2020-03-24 Denied Response WaivedIFP concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences This case concerns petitioner's claim that he was misled concerning the sentencing consequences of his guilty plea to a conspiracy charge. The questi…
19-8047 Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections Eleventh Circuit 2020-03-19 Denied IFP coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial (1) Is 1T LAWFUL FOR A DEFENDANT WNOH HAS WAIVED ARRAIGNMENT IN WRITING WITH A PLEA OF NOT GUILTY T% BE BROUGHT BEFORE A TAIAL SUDGE OVER THE SOURSE O…
19-7985 Charles Ray Hooper v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct 1. Must a defendant who has been granted a Certificate of Appealability by the Court of Appeals continue to challenge a procedural bar ruling by the d…
19-7954 Steven M. Leonhart v. Tim Shoop, Warden Sixth Circuit 2020-03-11 Denied IFP competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as…
19-7948 Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-03-10 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel The main question in this petition is whether a petitioner's due process rights were violated because he had ineffective assistance of counsel. Here, …
19-7893 Nicholas Roos v. Arkansas Arkansas 2020-03-06 Denied Response WaivedIFP capital-case evidence-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining psychological-evaluation red-flags strickland-standard strickland-v-washington trial-counsel-performance 1) Did Arkansas Supreme Court misapply this Court 's ruling of Strickland v. Washington , by finding it effective for the trial counsel of a capital c…
19-7868 Steven B. Turner v. Mike Kemna Eighth Circuit 2020-03-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness In Missouri, it is an ensuing plea of guilty that implicates the constitution. A criminal defendant cannot succeed on a post-conviction claim of ineff…
19-7854 Howronda Overstreet v. United States Eleventh Circuit 2020-03-03 Denied Response WaivedIFP appeal criminal-procedure Did Ms. Overstreet's waiver of appeal unenforceabl Did the district court commit plain error when it due-process guidelines guidelines-calculation plain-error plea-bargaining sentencing sentencing-guidelines waiver QUESTION 1: DID MS. OVERSTREET PRESERVE HER RIGHT TO APPEAL THE DISTRICT COURT'S INAPPLICABLE GUIDELINES CALCULATION ? QUESTION 2: WAS MS. OVERSTR…
19-7834 Travis Soto v. Ohio Ohio 2020-03-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining This Court has yet to resolve the question lying at the core of this appeal, which has produced a split amongst this country's federal and state judic…
19-7823 Seth A. Weaver v. Illinois Illinois 2020-02-28 Denied Response WaivedIFP 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea 1. Does Illinois ignorance of the law theory as applied to successive post-conviction petitioners deny them relief from constitutionally unsound guil…
19-7825 Gustavo Gonzalez v. United States Fifth Circuit 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-defense elements-of-offense ineffective-assistance ineffective-assistance-of-counsel lafler-test lafler-v-cooper legally-nonexistent-defense plea-bargaining prejudice-analysis strickland-standard strickland-v-washington I. How should a court apply the "reasonable probability" test for prejudice under Strickland v. Washington, 466 U.S. 668 (1984), and Lafler v. Cooper,…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation If yourrepresenting yourself do you think I'm Competent to Stand trial or Sign a plea If you had Fecent Surgery of having Part of your Intestine remov…
19-1050 Kyle Brooks v. Colorado Colorado 2020-02-24 Denied Response Waived allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea Due process requires that a guilty plea be voluntary, knowing, and intelligent. Here, the charging document omitted an essential element of the crime.…
19-7617 Donato Amaya-Rivas v. United States Eleventh Circuit 2020-02-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement I. Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily …
19-992 Greg Skipper, Warden v. Curtis Jerome Byrd Sixth Circuit 2020-02-07 Denied Amici (1) constitutional-rights criminal-procedure effective-assistance-of-counsel fair-trial hypothetical-plea-offer lafler-v-cooper plea-bargaining sixth-amendment trial-rights Does the Sixth Amendment right to effective assistance of counsel include the right to a plea offer that was never made?
19-7575 Rashaun Scott Carter v. United States Fourth Circuit 2020-02-05 Denied Response WaivedIFP appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc…
19-920 Boulder Young, aka Boulder Daniel McManigal v. United States Eighth Circuit 2020-01-23 Denied Response Waived appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour…
19-7350 Billy Battenfield v. Oklahoma Oklahoma 2020-01-21 Denied IFP aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations 1. Whether Garza v. Idaho, — U.S. 139 S.Ct. 738, 203 L.Ed.2d 77 (2019) adopts a new watershed rule of procedure that applies retroactively on state co…
19-7352 Alfredo Godoy-Machuca v. United States Ninth Circuit 2020-01-21 Denied Response WaivedIFP appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea A. Whether the Ninth Circuit Court of Appeals erred in, at least implicitly, concluding that material affirmative misdavice given by defense counsel t…
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a Legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary…
19-7325 Hope K. Kantete v. United States Third Circuit 2020-01-16 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy 1.) Whether the lower courts erred by foiling to rule or even consider on the record whether Ms Kantete was advised of her "risk factors " in proceedi…
19-7268 Acharayya Rupak v. United States Ninth Circuit 2020-01-14 Denied Response WaivedRelisted (2)IFP continuance criminal-procedure due-process plain-error-review plea-bargaining retained-counsel right-to-counsel sentencing sixth-amendment standard-of-review 1. This Court has held that the right to the retained counsel of one's choice is the "root meaning" of the Sixth Amendment guarantee. Here, the distri…
19-7265 Joseph Totoro, II v. United States Third Circuit 2020-01-13 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial 1. Did the Court, the United States Attorney, and the former attorneys violate DQJ policy and Due Process by allowing him to give up all his rights, …
19-7223 Erik Bilal Khan v. United States Tenth Circuit 2020-01-10 Denied Response WaivedIFP arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel Does the right of a defendant to the effective assistance of counsel at every critical stage of a criminal proceeding, including arraignment, encompas…
19-7216 Daniel A. Ramet v. Robert LeGrande, Warden, et al. Ninth Circuit 2020-01-08 Denied Response WaivedIFP criminal-defense criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper legal-malpractice plea-bargaining sixth-amendment strickland-v-washington If a defense attorney advises a client to reject a favorable plea offer based on a grave miscalculation about the viability of a legal defense, has th…
19-7153 Ronald Johnson v. Missouri Missouri 2020-01-03 Granted Response RequestedResponse WaivedIFP atkins-v-virginia capital-punishment-representation capital-representation death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel intellectual-disability plea-bargaining 1) Whether counseling an intellectually disabled client to plead to life without parole to avoid the death penalty is ineffective assistance, when ple…
19-7161 Aaron Michael Murray v. United States Eleventh Circuit 2020-01-03 Denied Response WaivedIFP burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes …
19-7146 David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2020-01-02 Denied Response WaivedIFP appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights 1. Was the petitioner's counsel ineffective in pre-trial stages? 2. Was the petitioner's counsel ineffective during the plea-bargaining process? 3. …
19-7117 Vance Edward Ingram, III v. United States Fourth Circuit 2019-12-31 Denied Response WaivedIFP appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT?
19-7130 Fabio Morel v. United States Second Circuit 2019-12-31 Denied Response WaivedIFP appellate-review case-law circuit-court-interpretation criminal-procedure criminal-sentencing judicial-precedent plea-agreement plea-bargaining precedent retroactivity sentencing sentencing-guidelines statutory-construction statutory-interpretation supreme-court-precedent I. WHETHER THE LOWER COURT'S DECISION IS IN CONFLICT WITH FREEMAN V. UNITED STATES, 564 U.S. 522 (2011); AND HUGHES V. UNITED STATES, 138 S. Ct. 1765 …
19-7051 Adan Reyes-Martinez v. United States Fifth Circuit 2019-12-23 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence because of the Waiver of Appeal provision in…
19-7043 John A. Toth v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-20 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion attenuation civil-rights constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance plea-bargaining police-conduct post-conviction-relief Question not identified.
19-7011 Carl Golden v. United States Eleventh Circuit 2019-12-19 Denied IFP constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? Is Florida § 893.13 categorically a ser…
19-776 James Wesley Amonett, Jr. v. Virginia Virginia 2019-12-18 Denied Response Waived contract-enforcement contract-law criminal-procedure criminal-procedure-contract-enforcement due-process jury-trial law-enforcement plea-bargaining police-authority police-promises right-to-jury-trial sixth-amendment Issue 1. There is an important, recurring issue on which the Federal circuits and the states' highest courts are split, i.e. whether the police can pr…
19-6957 Venise Metayer v. Florida Florida 2019-12-16 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing DID THE TRIAL/LOWER COURT CREATE A MANIFEST INJUSTICE WHEN IT ALLOWED THE PETITIONER TO PLEA TO CHARGES THAT VIOLATED DOUBLE JEOPARDY LAWS, WHEN THE T…
19-756 Louis Taylor v. Pima County, Arizona, et al. Ninth Circuit 2019-12-12 Denied Amici (4) civil-procedure civil-rights civil-rights-damages due-process habeas-corpus heck-doctrine plea-bargaining prosecutorial-misconduct wrongful-imprisonment wrongful-incarceration In Heck v. Humphrey, 512 U.S. 477 (1994), this Court held that federal habeas corpus is the sole avenue by which a "state prisoner" may bring a claim …
19-6905 John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. Texas 2019-12-11 Denied Response WaivedIFP appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance (1) After a. criminal defendant's plea of guilty, if it is later found that the government did not live up to the requirements - of discovery, is the…
19-6915 Andrew Lee Thompson, II v. United States Fourth Circuit 2019-12-11 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing Ulvi is IL feneivj vita IL SMe* lre<J\ if" cuJ jioSC Lre^cLs Jirecilj eJS®!' fL. PU Ar^rieoy <fyvd |>n>c€S^S€A3eo6e, ^■ffcTSTW^e/N U Sb-W j^seJ Qrs c,…
19-746 Oliver Ray Carbutt v. Colorado Colorado 2019-12-11 Denied Response Waived criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including ques…
19-6830 Don Emmery Wilson v. United States Fourth Circuit 2019-12-03 Denied Response WaivedIFP 6th-amendment ambiguous-plea constitutional-rights criminal-matter cruel-and-unusual-punishment cruel-unusual-punishment due-process habeas-corpus hearsay illegal-sentence ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining post-conviction-relief profiling sentencing-guidelines Was petitioner subjective to ineffective or deficient assistance of counsel in a criminal matter?1) Was petitioner subjective to cruel and unusual p…
19-6792 Victor Sanchez v. Patrick Nogan, Administrator East Jersey State Prison, et al. Third Circuit 2019-12-02 Denied Response WaivedIFP constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-intervention plea-bargaining procedural-due-process right-to-appeal sentencing sentencing-review Where trial counsel admits to ineffective advice that lead to this petitioner being sentenced to (5) five years more time than he would have received …
19-6767 Douglas D. True v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-11-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights criminal-procedure due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining plea-voluntariness standard-of-review 1) Was the Eighth Circuit's summary denial of Mr. True's application for a certificate of appealability based upon an adjudication of the underlying m…
19-6717 Jess Lee Green v. Mississippi Mississippi 2019-11-22 Denied Response WaivedIFP constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights I. Is the right to due process at trial and/or during guilty plea process a fundamental constitutional right ?
19-6727 Tyrone Marvin Andrews v. Noah Nagy, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel DID THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SANCTION DECISIONS OF THE MICHIGAN COURT OF APPEALS AND FEDERAL DISTRICT COURT THAT CONFL…
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel 1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel. 2. Counsel was ineffective for not objecting …
19-6659 In Re Arturo Rodriguez Ornalez 2019-11-20 Denied Response WaivedIFP constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error WHETHER CONSTITUTION AND STATUTORY PROVISIONS AND RULE 11 VIOLATIONS MAY HAVE RENDERED ARTURO RODRIGUEZ ORNALEZ'S SENTENCE AND CONVICTION CONSTITUTION…
19-6665 Wesley Harlan Kingsbury v. United States Ninth Circuit 2019-11-18 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate…
19-617 Nekebwe Superville v. United States Second Circuit 2019-11-14 Denied Response Waived aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.…
19-611 Rene A. Boucher v. United States Sixth Circuit 2019-11-13 Denied Response RequestedResponse WaivedRelisted (2) appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights 1. Did the government waive its right to appeal the defendant's sentence when it expressly agreed that the defendant would be free to argue for a belo…
19-6589 Alicia Norman, Kendra Brantley, and Deenvaughn Rowe v. United States District of Columbia 2019-11-13 Denied IFP attorney-client-relationship criminal-procedure criminal-procedure-rule-11 due-process federal-rules judicial-interference plea-agreement plea-bargaining sentencing sentencing-guidelines standard-of-review KENDRA BRANTLEY: I. Was the D.C. Circuit's affirmance of Petitioner Brantley's convictions erroneous and in conflict with other federal jurisdictions …
19-6627 Andre Williamson v. United States Ninth Circuit 2019-11-13 Denied Response WaivedIFP boykin-standard boykin-v-alabama due-process equal-protection judicial-fairness mental-health mental-health-defendant mental-health-defendants plea-agreement plea-agreements plea-bargaining sentencing strickland-standard strickland-v-washington Will the Supreme Court just step aside or now step in for the current and future generation of mental health defendants that desperately need this cou…
19-6575 Dorothy Williams Elliott v. Florida Florida 2019-11-12 Denied Relisted (2)IFP civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing 1. On March 11, 2010, at the Felony Sounding Hearings The State of Florida was ready, and made the "Ore R." Why wasn't Attorney Robert L White, prepar…
19-6551 Neil Timothy Aho v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea Issue 1: Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his…
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement The issue subsuming all other issues in this appeal is whether I. or not, Mr. Sean Trent Barnes, while incarcerated in pre-trial cus tody as a federal…
19-6471 Diego Alonso Lozano-Perez v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi…
19-6421 Ralph Herman Fox, Jr. v. United States Eleventh Circuit 2019-10-30 Denied Response WaivedIFP due-process fairness government-misconduct judicial-discretion plea-agreement plea-bargaining public-policy sentencing statutory-maximum supervisory-powers Whether in affirming the imposition of the statutory maximum sentence of 360 months on Ralph Fox, where (1) Petitioner Fox entered a guilty plea and (…
19-6454 Corey Morris v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-10-30 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel extended-sentences federal-review multiple-indictments plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether defendants have a Sixth Amendment right to effective assistance of Counsel when Contemplating Plea offers. Morris was charged at multiple indi…
19-6409 Sean Reilly v. Florida Florida 2019-10-28 Denied Response WaivedIFP constitutional-duty contract-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel misunderstanding plea-bargaining sixth-amendment written-plea-offers Whether counsel for the accused has a constitutional duty under the Sixth Amendment to document and present the client plea offers (contracts) in writ…
19-6419 Scott Wilson v. United States Fourth Circuit 2019-10-28 Denied Response WaivedIFP certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE DISTRICT COURT; (1) ERRS DENYING WILSON'S HABEAS CLAIM(S) ALLEGING COUNSEL'S UNREASONABLE FAILU…
19-6377 Jerome Gaskin v. United States Sixth Circuit 2019-10-24 Denied Response WaivedIFP consecutive-sentencing criminal-procedure due-process effective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment trial trial-rights DOES A DEFENDANT'S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL DURING PLEA BARGAINING INCLUDE BEING ACCURATELY ADVISED BY COUNSEL OF THE POTENTIAL FO…
19-491 Nilesh Bharatkumar Kumar v. United States Ninth Circuit 2019-10-17 Denied Response Waived criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his atto…
19-6183 Reginald Chatman v. Florida Florida 2019-10-07 Denied IFP constitutional-law constitutional-rights contract-law criminal-procedure death-penalty due-process equal-protection florida-law plea-bargain plea-bargaining sentencing state-prosecution 1. The Defend aat Reginald chatman entered into a negotiated agrerment uith the Florida State Attorneys office Ast Nathan Prince. for a ten Year D.oc.…
19-6192 Lagenza Junious v. Pennsylvania Pennsylvania 2019-10-07 Denied IFP criminal-procedure diminished-capacity ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication involuntary-plea mens-rea plea-bargaining sixth-amendment strickland-standard strickland-v-washington 1. PETITIONER, LAGENZA JUNIOUS, ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO RAISE A DIMINISHED CAPACITY DEFENSE TO FIRST DEGREE MURD…
19-6146 Hector Rosario-Rivera v. United States First Circuit 2019-10-03 Denied Response WaivedIFP constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment Whether the Petitioner's Fifth and Six Amendment Rigths 1. violated by plain error made in calculating petitioner's were and the numerous ways that Pe…
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter 1. Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable …
19-407 Alexander Christian Miles v. United States Tenth Circuit 2019-09-26 Denied Response Waived abuse-of-the-writ abuse-of-writ aedpa contract-law criminal-charges criminal-procedure plea-bargaining post-conviction-relief 1. Whether the abuse of the writ doctrine or the AEDPA precludes a successive petition for post conviction relief when the government, years after a d…
19-6048 Franklin Pillier v. Massachusetts Massachusetts 2019-09-25 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea I. WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFEITING AND THE CONSEQUENCES…
19-6021 Ricardo Valles De La Rosa v. United States Fifth Circuit 2019-09-23 Denied Response WaivedIFP braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing WHETHER THE FIFTH CIRCUIT COURT OF APPEALS' AFFIRMANCE OF THE PETITIONER'S GUILTY-PLEA SENTENCE VIOLATED PETITIONER'S DUE PROCESS RIGHTS UNDER, AND TH…
19-374 Floyd Hamilton Byrns, Jr. v. Maryland Maryland 2019-09-23 Denied Response Waived criminal-law criminal-record due-process ex-post-facto expungement forgery legal-remedy plea-bargaining post-facto-punishment retroactivity sentencing Should a person who pled guilty to forgery of a check less than $100.00 in 1987, be punished Post Facto and denied due process for an expungement 32 y…
19-5995 Jason L. Clark v. United States Eighth Circuit 2019-09-18 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction DOES A GUILTY PLEA BAR A CRIMINAL DEFENDANT FROM LATER COLLATERAL ATTACK ON HIS CONVICTION ON THE GROUND THAT THE STATUTE OF CONVICTION VIOLATES THE C…
19-5965 Robert Jessie Hill v. Washington Washington 2019-09-17 Denied IFP civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing (A). When a defendant pleads guilty to a charge, in addition to the "direct" and "collateral" consequences of the party does the Fourteenth Amendment …
19-5949 Marcelino Martinez v. United States Fifth Circuit 2019-09-16 Denied IFP criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights 1) When a district court violates Rule 11(c)(1) of the Federal Rules of Criminal Procedure by interfering in plea negotiations, can a defendant ordina…
19-5954 Ricardo Irive v. Jo Gentry, Warden, et al. Ninth Circuit 2019-09-16 Denied Response WaivedIFP attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment DOES IT CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL TO ALLOW A PLEA AGREEMENT THE DEFENDANT WISHED TO TAKE LAPSE DUE TO MISTAKE OR NEGLIGENCE?
19-5900 David Earl Ison v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-09-10 Denied Response WaivedIFP boykin-v-alabama civil-rights criminal-procedure due-process fifth-amendment plea-bargaining self-incrimination sentencing 1. Wasn't it a threat or promise by the State: Prosecutor wilhelm when he drafted up a document, gave the document to my Attorney him giving it to me …
19-5874 David Kirkland v. United States Third Circuit 2019-09-09 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial 1. Whether the petitioner's attorney was ineffective for withholding information that cost defendant a three-point sentencing reduction for acceptance…
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Question not identified.
19-5775 Richard James Soldan v. Michigan Michigan 2019-09-03 Denied IFP anders-brief anders-procedure appellate-counsel appellate-review court-appointed-counsel criminal-procedure due-process first-tier-review indigent-defendant michigan-court-of-appeals michigan-procedure plea-bargaining right-to-counsel MAY THE TRIAL COURT REFUSE TO APPFOINT SUSTITUTE APPELLATE COUNSEL TO AN INDIGENT DEFENDANT CONVICTED ON HIS PLEA WHO SEEKS ACCESS TO FIRST TIER REVIE…
19-5781 Yong S. Cha, aka Edward Cha v. United States Ninth Circuit 2019-09-03 Denied Response WaivedIFP adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s…
19-5767 Virgil Lee Bailey v. United States Fifth Circuit 2019-08-30 Denied Response WaivedIFP appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana I. Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana,…
19-5606 Ndokley Peter Enow v. Ricky Foxwell, Warden, et al. Fourth Circuit 2019-08-23 Denied Response WaivedRelisted (2)IFP 4th-amendment 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence exclusionary-rule fourth-amendment plea-bargaining probable-cause search-and-seizure sentencing standing Did the trial court erred by admitting into evidence of the illegally obtained wiretapped tape recording of the defendant's oral conversations with th…
19-5656 Armando J. Mena v. Rosemary Ndoh, Warden Ninth Circuit 2019-08-21 Denied Response WaivedIFP constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent…
19-5595 Marcel Malachowski v. United States Second Circuit 2019-08-15 Denied Response WaivedIFP certificate-of-appealability due-process false-evidence government-misconduct government-misrepresentations habeas habeas-corpus ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct second-circuit 1- Did The Denial of COA Violate of Appeals Denied Effective When A Clear Claim ofDue Process Where The Second Circuit And Meaningful Review As ACourt…
19-5576 William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-08-13 Denied Response WaivedIFP abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing I. WHETHER THE ADDITIONAL SIXTY (60) YEARS TAYLOR RECEIVED AT TRIAL WHEN ATTORNEY ALLEN LIDY FAILED TO COMMUNICATE THE BOONE COUNTY TWENTY (20) YEAR P…
19-5581 William Henry Stephens, Jr. v. United States Fourth Circuit 2019-08-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently.
19-5536 Gabriel Vashon Seay v. United States Fourth Circuit 2019-08-12 Denied Response WaivedIFP case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington Where Strickland v. Washington, serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there …
19-5538 Timothy Jamaras Burns v. United States Fifth Circuit 2019-08-09 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement.
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment I. Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated in the Follow? a) When Counsel Failed to file a Not…
19-5522 Berson Marius v. United States Eleventh Circuit 2019-08-08 Denied Response WaivedIFP criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 WHETHER THE DISTRICT COURT JUDGE CAN ELICITE ADDITIONAL FACTS DURING A FACTUAL PROFFER, AND WHETHER COUNSEL WAS INEFFECTIVE ASSISTANCE OF COUNSEL W…
19-5413 John Thomas Rooney v. Georgia Georgia 2019-08-01 Denied Relisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction Can convictions and sentences imposed by a State Trial Court without Constitutional or Statutory subject-matter jurisdiction or due to an Unconstituti…
19-5411 Kirk Patrick Keshler v. United States Fifth Circuit 2019-07-31 Denied Response WaivedIFP appellate-review criminal-procedure due-process factual-basis harmless-error judicial-review plain-error plea-bargaining plea-sufficiency standard-of-review sullivan-v-louisiana Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 50…
19-5422 Michael A. Webb v. United States Fifth Circuit 2019-07-31 Denied Response WaivedIFP adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines Was petitioner, Michael A. Webb, subjective to ineffective assistance of counsel or deficient representation by defense counsel in a prosecution? Was…
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE THIRD CIRCUIT AFFIRMED THE DISTRICT COURT'S RULING THAT TRIAL COUNSEL WAS NOT INEFFECTIVE FOR FA…
19-5355 Benny Ray Regalado v. United States Fifth Circuit 2019-07-26 Denied Response WaivedIFP 5th-amendment due-process fifth-amendment hearing-neutrality judicial-procedure neutral-hearing-body parole plea-bargaining probation probation-revocation revocation-hearing waiver-of-rights Whether a defendant waives his right, under the Due Process Clause of the Fifth Amendment, to a neutral and detached hearing body at his probation-rev…
19-5362 Kasine Deleston v. United States Second Circuit 2019-07-26 Denied Response WaivedIFP and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the …
19-5300 Fremo Santana v. United States Third Circuit 2019-07-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings WHETHER DEFENSE COUNSEL'S PERFORMANCE WAS CONSTITUTIONALLY INEFFECTIVE FOR ERRONEOUSLY MISCALCULATING PETITIONER'S GUIDELINE RANGE WHICH WAS THE DECID…
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion by determining whether to accept or reject a plea agreement under Rule 11 of the Rules of Criminal Proc…
19-5344 Felix Adriano Chujoy, aka Felix Chujoy Alvarado v. United States Fourth Circuit 2019-07-25 Denied Response WaivedIFP corrupt-intent criminal-procedure false-testimony grand-jury human-trafficking immigration-violations intent plea-bargain plea-bargaining statutory-interpretation witness-tampering witness-tampering-18-usc-1512(b)(1) Whether the evidence was sufficient to convict the Petitioner for witness tampering in violation of 18 U.S.C. § 1512(b)(1) and two interrelated charge…
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing I. Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? II. Is Pe…
19-5290 Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-23 Denied IFP appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review Where deference is the only issue singled out by a Court of Appeals as the only question as to debatability, and that specific deference goes directly…
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel The following federal Questions presented below are Certified Questions of Great Public Importance, of facts and law that falls under the Jurisdiction…
19-5275 Richard Michael Mathisen v. United States Fourth Circuit 2019-07-22 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-relief right-to-counsel sentencing sentencing-hearing sixth-amendment I. Whether the Fourth Circuit erred in affirming the District Court's denial of the Petitioner's Certificate of Appealability of the District Court's …
19-5230 Stephen B. Wlodarz v. Shawn Phillips, Warden Tennessee 2019-07-18 Denied Response WaivedIFP alford-plea criminal-procedure due-process life-sentence parole plea-bargaining sentencing Whether Petitioner's Alford guilty plea resulting in a sentence length of life in prison without the possibility of parole judgment IS legal?
19-5216 Nicholas Pagliuca v. United States Second Circuit 2019-07-17 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais…
19-87 Jerome Burgess v. Phil Hall, Warden Georgia 2019-07-17 Denied Response Waived appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington 1. Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance by failing to argue on a…
19-5118 Jason Paul Mathison v. Washington Washington 2019-07-09 Denied IFP collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness 1. Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to "successfully complete" a treatme…
19-5095 Fox Joseph Salerno v. Arizona Arizona 2019-07-08 Denied IFP 14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel plea-bargaining racial-discrimination retroactivity right-to-counsel school-desegregation supreme-court Petitioner Salerno hereby moves this court to issue a ruling on whether the following two cases are applied retroactively. 1. Missouri v. Frye, 566 U…
19-5089 Clifford B. Gandy, Jr. v. United States Eleventh Circuit 2019-07-05 Denied IFP categorical-approach crime-of-violence divisible-offense divisible-statute modified-categorical-approach nolo-contendere physical-force plea-bargaining sentencing-guidelines shepard-documents I Where a divisible offense may be committed two ways, one of which satisfies the "crime of violence" element of physical force, and one of which does…
19-5053 Brandon M. Hicks v. Renee Baker, Warden, et al. Ninth Circuit 2019-07-03 Denied Response WaivedIFP 6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-conduct plea-bargaining sentencing separation-of-powers sixth-amendment 1) Whethe tn heen o Conion in context with his intent at sentenciny, is a violatiken of the Separation of powers doctrine, in the United States Consti…
19-5023 Jason Keith Walker v. United States Ninth Circuit 2019-07-01 Denied Response WaivedIFP brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment 1. Whether the petitioner, Jason Keith Walker, is entitled to a certificate of appealability on his claim that his trial counsel provided ineffective …
18-9834 Carlos Alberto Ochoa-Orozco v. United States Fifth Circuit 2019-06-27 Denied Response WaivedIFP constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge 1. Whether the district court violated Appellant's right to due process, and his Sixth Amendment right to affair trial, where' the district court 'lac…
18-9845 Bradley Joseph Vanzant v. Keith Yordy, Warden Ninth Circuit 2019-06-27 Denied Response WaivedIFP 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error 1. STATE Docket No. 44269 SUPREMECOURT (IcahO) 2. Denial Umpublished opinion February Ist 2017 Court 3. of Appeals. Petition for Review timely submitt…
18-9783 Nasser Ghelichkhani v. United States Eleventh Circuit 2019-06-25 Denied Response WaivedRelisted (2)IFP constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining 1-Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appea…
18-9770 Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility Second Circuit 2019-06-24 Denied Response WaivedIFP criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel WHETHER THIS COURT SHOULD REVISIT THE CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL DURING PLEA NEGOTIATIONS WHEN COUNSEL FAILS TO DISCUSS THE PROS…
18-9748 George Hernandez v. United States Ninth Circuit 2019-06-20 Denied Response WaivedIFP confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea GIVEN GOVERNMENT DISCOVERY DISCLOSURE PRACTICES RELATING TO ITS USE OF CONFIDENTIAL INFORMANTS, DOES THE "FAIR AND JUST REASON" STANDARD FOR WITHDRAWA…
18-9701 Antoine Gause v. United States Fourth Circuit 2019-06-18 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release Whether the lower courts fundamentally erred through a mis- carriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence …
18-9715 Johnny Curtis Bedgood v. United States Eleventh Circuit 2019-06-18 Denied Response WaivedRelisted (2)IFP criminal-procedure critical-stage evidentiary-hearing fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining pre-trial-counsel section-2255 sentencing sentencing-enhancements WHETHER THE US DISTRICT COURT ABUSED ITS DISCRETION FOR FAILURE TO CONDUCT [A]N EVIDENTIARY HEARING PURSUANT TO 28 SECTION 2255(b) IN LIGHT OF A FACTU…
18-9672 Jill Andras LeBlanc v. United States Fifth Circuit 2019-06-14 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-procedure statutory-rights The right to appeal a criminal sentence is a statutory entitlement under 18 U.S.C. § 3742. But in many federal jurisdictions—including the Eastern Dis…
18-9635 Carlos Antonio Flores v. United States Fourth Circuit 2019-06-12 Denied Response WaivedIFP adequate-deference co-defendant-sentences deference due-process just-punishment plea-agreement plea-bargaining sentencing sentencing-disparities substantive-reasonableness Is the Sentence Substantially unreasonable because if creates unwarranted Sentence Disparities for deterrence and in light of the fact that the Senten…
18-9581 Marcus Arenell Evans v. United States Fifth Circuit 2019-06-07 Denied Response WaivedIFP appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta…
18-9529 Anibal Del Valle-Hiraldo v. United States First Circuit 2019-06-04 Denied Response WaivedIFP 5th-amendment 6th-amendment aiding-and-abetting criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining rosemond-v-united-states sixth-amendment Whether an attorney's advice to a defendant to plead guilty to aiding and abetting the carry, use and possession of a firearm in furtherance of a crim…
18-9543 Lonnie Haney v. Shane Jackson, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints ARE THE LOWER COURT RULINGS IN DIRECT CONFLICT WITH THE SPIRIT OF THIS COURT'S HOLDING IN LAFLER V. COOPER, WHERE DUE TO EXTERNAL FACTORS, DEFENSE COU…
18-9525 Mark A. Harris v. Suzanne M. Peery, Warden Ninth Circuit 2019-06-03 Denied Response WaivedIFP credibility credibility-determination criminal-procedure-ineffective-assistance-of-couns evidentiary-hearing habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining strickland-standard strickland-v-washington Extending Strickland v. Washington's general prejudice standard for ineffective assistance of counsel claims to ineffective assistance of counsel stem…
18-9497 Lloyd E. Austin, IV v. Bridgitte Amsberry Ninth Circuit 2019-05-31 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing why petitioner the except a stipulated facks would trial plea agreement to the Worst per. Case scenerio without right trying ot trirl o he was in his …
18-1494 Michael Steven Beeman v. United States Fourth Circuit 2019-05-31 Denied Response Waived counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt…
18-1499 Umesh Kaushal v. Indiana Indiana 2019-05-31 Denied Response WaivedRelisted (2) due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment 1. When a resident alien pleads guilty to a crime, while ignorant of the immigration consequences, then discovers those consequences and demands a tri…
18-9478 David Rothenberg v. Florida Florida 2019-05-30 Denied Response WaivedIFP affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to char…
18-9462 Daniel H. Kilgore v. Ronda J. Pash, Warden, et al. Eighth Circuit 2019-05-29 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus missouri-law plea-bargaining sentencing sex-offender 1. Is Mr. Kilgore entitled to appeal the district court's decision that Missouri did not violate Mr. Kilgore's right to due process of law when he was…
18-9438 Nathaniel Woods v. Cynthia Stewart, Warden, et al. Eleventh Circuit 2019-05-28 Denied IFP certificate-of-appealability habeas habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,ma ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan plea-bargaining plea-negotiations trevino-exception trevino-v-thaler Could reasonable jurists disagree with the district court's rejection of Mr. Woods' claim that Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Tha…
18-9279 Regina M. Preetorius v. United States Eleventh Circuit 2019-05-17 Denied Response WaivedIFP administrative-law civil-procedure civil-rights counsel-performance criminal-procedure due-process federal-jurisdiction ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment standing strickland-standard strickland-v-washington Did the Honorable Appellate Court err when it determined that trial counsel's failure to advise his client that she should accept the government's ple…
18-9336 Saul Elias Camilo v. United States Eleventh Circuit 2019-05-17 Denied Response WaivedIFP 28-usc-2255 appellate-review district-court due-process fair-administration-of-justice ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining section-2255 sentencing-guidelines I Where a plea deal has opposing clauses, is such confusion sufficient to reach the bar for appellate review in a §2255 process when ineffective ass…
18-9303 Larry Ray Lincks v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta…
18-9255 Santosh Ram v. United States Eighth Circuit 2019-05-14 Rehearing Response WaivedRelisted (2)IFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co…
18-9198 John Naasz v. Texas Texas 2019-05-10 Denied IFP 14th-amendment criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment sudden-passion sudden-passion-defense Whether a Texas prisoner has a right to effective counsel in collateral review proceedings which provide the first occasion to raise a claim of ineffe…
18-9206 Mitchell Felix Brooks v. United States Fourth Circuit 2019-05-08 Denied Response WaivedIFP civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts (1) Whether the District Court Judge abused its discretion in violation pursuant to Rule 11, United States v. McCarthy "62 interrogation questions" ma…
18-9180 Cesar Arce-Hernandez v. United States Ninth Circuit 2019-05-07 Denied Response WaivedIFP appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment I. Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appea…
18-9114 Nolan George v. Noah Nagy, Warden Sixth Circuit 2019-05-03 Denied Response WaivedIFP constitutional-commitment contract-law due-process equal-protection fifth-amendment fourteenth-amendment legal-promise plea-bargaining prosecutorial-discretion statute-of-limitations IS IT A VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION FOR STATE OR FEDERAL COURTS AND PROSECUTORS TO IGNORE, ALTE…
18-9084 Edward JoRodge Gladney v. United States Fifth Circuit 2019-05-02 Denied Response WaivedIFP criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation I. Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegat…
18-9043 Bryan Binkholder v. United States Eighth Circuit 2019-04-30 Denied Response RequestedResponse WaivedRelisted (2)IFP 5th-amendment criminal-procedure criminal-procedure-rights due-process plea-bargaining sentencing victim-rights victims-rights writ-of-mandamus 1. Did the Crime Victims Rights Act, 18 USC 3771 (CVRA), and its 72 hour review requirement for a petition of Writ of Mandamus violate the Constitutio…
18-9049 Jackie Madore v. United States First Circuit 2019-04-30 Denied Response WaivedIFP appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity I. Whether the Supreme Court of the United States should review appellate waivers in criminal cases under principles of contract law. A concatenation …
18-9004 Vaughn S. Archer v. Daniel Paramo, Warden Ninth Circuit 2019-04-29 Denied Response WaivedIFP boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement (1) Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of …
18-9020 Michael Marshall v. United States Fourth Circuit 2019-04-26 Denied Response WaivedIFP appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid.
18-8995 Maurice Anderson v. United States Fourth Circuit 2019-04-25 Denied Response WaivedIFP breach-of-contract due-process federal-rules-of-criminal-procedure first-amendment judicial-discretion legitimate-government-purpose plea-agreement plea-bargaining sentencing type-c-agreement 1. When a judge induces a defendant to plead guilty by reassuring him that if his plea is accepted the court is bound to impose a sentence specified i…
18-8978 Rico Montell Reid v. United States Fourth Circuit 2019-04-24 Denied Response WaivedIFP criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing…
18-8952 Boris Murphy v. United States Fourth Circuit 2019-04-23 Denied Response WaivedIFP 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Did the Fourth Circuit review the District Courts error in denying petitioners 28 U.S.C. 2255 claim de novo that was based on conflict of interest and…
18-8961 Dion Thomas v. United States Eighth Circuit 2019-04-23 Denied Response WaivedIFP abuse-of-discretion blackledge-v-allison civil-rights district-court due-process evidentiary-hearing evidentiary-hearing-discretion habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ins-v-phinpathya plea-bargaining plea-negotiations rose-v-lundy sixth-amendment standing unsworn-statements QUESTION # ONE: Whether the District Court abused it's discretion by failing to conduct an evidentiary hearing by relying upon the unsworn statements …
18-8922 In Re Efrain Campos 2019-04-19 Denied IFP due-process fraud habeas-corpus parole parole-eligibility plea-agreement plea-bargaining prosecutorial-misconduct sentencing Was Petitioner Efrain Campos Denied A Fundamentally Fair Guilty Plea Procedural Execution, By The With Holding Of Information By The Assistant Distric…
18-8846 Silvio Lopez Cuellar v. United States Eleventh Circuit 2019-04-16 Denied Response WaivedIFP appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri…
18-8824 Darren Gonzales v. United States Tenth Circuit 2019-04-15 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-law criminal-procedure due-process factual-basis money-laundering plea-bargaining plea-colloquy rule-11 sentencing After the Court's decision in Cuellar v. United States, does a defendant who merely parrots the language of the concealment money laundering statute s…
18-8828 Dante Overby v. Pennsylvania Pennsylvania 2019-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial DOES THE GUILTY PLEA INDUCED BY AN "ILLUSORY PROMISE" VIOLATE THE 6th AMENDMENT? WHERE THE GUILTY PLEA WAS RULED INVOLUNTARY, BUT THE COURT FAILED TO…
18-8829 Leonid Djuga, aka Leonid Dzhuga v. United States Fifth Circuit 2019-04-15 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was wa…
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony The APPELLAtE count Stated tha t : perfected i m peach me was Unlikel Counsel could hnve nA1e= Reyarbg Av The Eviken agReemend hearing, The Record was…
18-8763 Terry Walker v. United States Seventh Circuit 2019-04-09 Denied Response WaivedIFP criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendant's conviction into conduct th…
18-1282 David Lee Sanders v. Alabama Alabama 2019-04-09 Denied Response Waived constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial 1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequentl…
18-8729 Alan Kenneth Thompson, Jr. v. United States Eleventh Circuit 2019-04-08 Denied Response WaivedIFP appellate-procedure constitutional-claims constitutional-law criminal-law criminal-procedure due-process habeas-corpus plea-bargaining statutory-interpretation subject-matter-jurisdiction united-states-v-peter In light of United States v Peter, 310 F.3d 709 (11th C ir 2002), does the ambiguousness of the nature of the term "material" within Title 18 USC 2252…
18-8713 Briand Williams v. California California 2019-04-05 Denied Response WaivedIFP 6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment Does a Defendant have a right to replace his privately retained choice of counsel at anytime during the trial court proceeding even up to and at the a…
18-8707 Wallace G. Carlyle v. Sherman Campbell, Warden Sixth Circuit 2019-04-04 Denied IFP constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment DID TRIAL COUNSEL'S FAILURE TO ADEQUATELY CONSIDER MR. CARLYLE'S MENTAL RETARDATION AND HISTORY OF ABUSE, AND OTHER VARIOUS ACTS, DEPRIVE DEFENDANT OF…
18-8677 Patrick Lloyd v. United States Second Circuit 2019-04-02 Denied IFP circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez Whether Dominguez BenItez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court…
18-8641 Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights QUESTION ONE IN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON TRIAL COUNSEL'S MISADVICE THAT PETITIONER WAS ELIGIBLE TO RECEIVE PROBATION WHE…
18-8649 Bradley Cobbler, aka B-Rad v. United States District of Columbia 2019-04-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty?
18-8623 Justin Cole Milam v. United States Fourth Circuit 2019-03-29 Denied Response WaivedIFP appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review I. Are appeal waivers presented in federal criminal plea agreements an unconstitutional overreach by the Government preventing review of constitutiona…
18-8626 Aaron Murray v. United States Sixth Circuit 2019-03-29 Denied Response WaivedIFP arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel Was Petitioner Aaron Murray Entiteled to an initial apperanc.e. before a United States Magistrate Judge under Fed. R. Criminal P Rule 5? How was Peti…
18-8630 Joseph Christopher Birdtail v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed…
18-8636 Brian Hoskins v. United States Second Circuit 2019-03-29 Denied IFP criminal-procedure custis-v-united-states federal-guidelines federal-sentence federal-sentences federal-sentencing-guidelines habeas-corpus plea-bargaining post-conviction-relief sentencing sentencing-enhancement state-conviction state-convictions Whether, this Court's decisions in Custis v. United States, 511 U.S. 485 (1995), Daniels v. United States, 532 U.S. 374 (2001), and Johnson v. United …
18-8638 Michael Bennefield v. Georgia Georgia 2019-03-29 Denied Response WaivedIFP constitutional-safeguards criminal-procedure due-process fair-trial guilt-determination jurisdiction jurisdictional-defect plea-bargaining plea-proceedings procedural-validity standing structural-defects When Structural Jurisdictional defects prevent a fair proceeding, can any reliable determination of guilt or innocence be deemed fair? When the Plea …
18-8574 William Burton v. Delaware Delaware 2019-03-26 Denied Response WaivedIFP criminal-procedure evidence fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-of-not-guilty prosecutorial-evidence right-to-counsel sixth-amendment Did petitioner's attorney provide ineffective assistance of counsel that violated petitioner's Sixth and Fourteenth Amendment rights to a fair trial a…
18-8495 Leroy Scott v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel WHETHER COUNSEL'S INEFFECTIVENESS CONFLICTS WITH THE HOLDING IN MISSOURI v FRYE, FOR FAILING TO ADVISE PETITIONER OF THE MEANS TO SET FORTH IN THE DEA…
18-8514 Jonathan Leroy Homedew v. United States Eighth Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver Whether Petitioner waived Speedy Trial Rights based on Co-defendants Plea arrangements Whether Petitioner had rights to be present at all tribunal pr…
18-8473 Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi Mississippi 2019-03-19 Denied Response WaivedIFP civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing 1. Did Brown have a Constitutional right to have a competency hearing before he plead guilty, where Brown was granted two (2) court orders for a menta…
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-1198 Westley A. Albright v. Tennessee Tennessee 2019-03-14 Denied Response RequestedResponse WaivedRelisted (2) criminal-defendant criminal-procedure diversion due-process fourteenth-amendment fourth-amendment nolo-contendere plea-bargaining sentencing Whether the Supreme Court of Tennessee erred when it held, as a matter of first impression, that due process rights under the Fourth and Fourteenth Am…
18-8371 Martin E. Grant v. Michigan Michigan 2019-03-11 Denied Response WaivedIFP 6th-amendment due-process effective-assistance-of-counsel equal-protection first-degree-murder life-imprisonment motion-for-relief-from-judgment plea-bargaining sixth-amendment Whether Petitioner has been denied the effective assistance of counsel guaranteed by the 6th Amendment to the United States Constitution, during the p…
18-8378 Garron T. Briggs v. United States Eighth Circuit 2019-03-11 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t…
18-8289 Kwame Asafo-Adjei v. Maryland Maryland 2019-03-05 Denied Response WaivedIFP due-process equal-protection fifth-amendment fourteenth-amendment judicial-procedure mandatory-disclosure maryland-rule-4-342(d) maryland-rules plea-bargain plea-bargaining sentencing void-sentence Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen's equal protection right under the Fourtee…
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation? Di…
18-8210 Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-03-01 Denied Response WaivedIFP 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion 1. DID TRIAL COURT ABUSE ITS DISCRETION BY CONSIDERING A NOLLE PROSSED CHARGE OF FIRST DEGREE MURDER IN SENTENCING PETITIONER TO THE 20-YEAR PLEA CAP,…
18-8226 James Craig Bird v. Colorado Colorado 2019-03-01 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel parole plea-bargaining prejudice-prong strickland-standard strickland-v-washington Whether the State improperly determined the prejudice prong underlying the test set-forth in Strickland v. Washington, 466 U.S. 668 (1984) as to erron…
18-8229 Sam Chinn, aka Sam Chinn, III v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2019-03-01 Denied IFP 28-usc-455 28-usc-636 article-iii article-iii-section-2 article-iii-violation civil-procedure constitutional-claims due-process federal-rule-8 habeas-corpus judicial-disqualification magistrate-judge-process plea-bargaining prosecutorial-misconduct rule-60b-motion WHETHER THE DENIAL OF A RULE 60(b) MOTION, BY THE DISTRICT COURT, AND THE DENIAL OF A CERTIFICATE OF APPEALABILITY BY THE COURT OF APPEALS, WAS A ABUS…
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Petitioner's Constitutional Rights were violated when he guilty plea was not knowingly and intelligently made when the details of the guilty plea were…
18-8198 Brandon Lisi v. United States Second Circuit 2019-02-28 Denied Response WaivedIFP appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge Whether the United States Court of Appeals for the Second Circuit committed reversible error by denying Petitioner's timely filed Petition for Reheari…
18-8168 Billy Long v. Pennsylvania Pennsylvania 2019-02-27 Denied Response WaivedIFP due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea WHETHER THIS COURT SHOULD VACATE AND REMAND FOR A HEARING WHERE THE LOWER COURT ERRED IN DISMISSING MR. LONG'S AMENDED PCRA PETITION WITHOUT A HEARING…
18-8133 Daryl Mingo v. United States Eleventh Circuit 2019-02-26 Denied Response WaivedIFP criminal-procedure criminal-procedure-plea-bargaining drug-trafficking due-process firearm-offense firearms plea-bargaining plea-colloquy sentencing statutory-construction When Congress enacted and amended 18 U.S.C. Section 924(C)(1)(A) periodically, did Congress give federal criminal courts discretion to make their own …
18-8143 Stephen Talbert v. United States Eighth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact discoverable during pretrial investigat…
18-8130 Eduardo Segoviano-Briseno v. United States Fifth Circuit 2019-02-25 Denied Response WaivedIFP consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing 1. Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement.
18-8075 Godwin Oriakhi v. United States Fifth Circuit 2019-02-22 Denied Response WaivedIFP appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fi…
18-1102 Askia Cuff v. Virginia Virginia 2019-02-22 Denied Response Waived abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion – t…
18-8057 Duane Allen Short v. Ohio Ohio 2019-02-21 Denied IFP capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment 1. Is a capital defendant's Sixth Amendment right to the effective assistance of counsel violated where, but for counsel's intervention and unfounded …
18-8012 Tasha Michelle Blackburn v. United States Eleventh Circuit 2019-02-19 Denied Response WaivedIFP counsel-communication criminal-procedure due-process duty-to-advise ineffective-assistance ineffective-assistance-of-counsel plea-acceptance plea-bargaining plea-negotiations professional-responsibility sixth-amendment What donstitutes communicating a plea, and does counsel have an obligation to recommend accepting a plea, or rejecting a plea and proceeding to trial?
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND…
18-8003 Anthony J. Dannolfo v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-02-15 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel lafler-v-cooper north-carolina-v-alford plea-bargaining strickland-standard strickland-v-washington DID DANNOLFO'S PROTESTATION OF INNOCENCE FORECLOSE HIS ABILITY OF PROVING STRICKLAND PREJUDICE UNDER LAFLER V. COOPER, OR DID THE COURTS FAIL TO GIVE …
18-7895 Jerry Anderson, II v. Michigan Michigan 2019-02-14 Denied Response WaivedRelisted (2)IFP coercion criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plea-bargaining right-to-trial sixth-amendment WAS DEFENDANT DENIED HIS STATE AND FEDERAL CONSOITUTIONAL RFGHTS TO EFRECTIVE ASSISTANCE OF COUNSEL WHEN HIS ATTORIVEY PAILED TO PREPARED FOR TRIAL AN…
18-7958 John Lohmeier v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington Was Petitioner's plea of guilty knowingly and voluntarily entered where counsel's failure to inform petitioner that all offenses charged in the indict…
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington 1. Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty did Garden have t…
18-7932 Dale Allen Hamer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-12 Denied Relisted (2)IFP civil-rights constitutional-rights court-record criminal-procedure due-process judicial-review plea-bargaining pre-trial-hearing sentencing transcript warrant-review That counsel's conduct fell below the wide vanse of Attorney iciet Thut the record vevealed no reasouable strategy in counsel's 7 failure to investis…
18-7880 Terrance Jerome Clarke v. United States Eleventh Circuit 2019-02-11 Denied Response WaivedIFP 6th-amendment civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias mental-health plea-bargaining right-to-counsel Are the elements of 18 U.S.C.§ 924 C satisfied if a unloaded Firearm and drugs and the unloaded Firearm of the crime? O does this constitute Title 18 …
18-7900 Jorge Ernesto Blanco-Rodriguez v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power In the Padilla v. Kentucky, 559 U.S. 356 (2010), this Honorable Court held that a criminal defense lawyer is ineffective when the lawyer fails to advi…
18-7814 William E. Brown v. United States Eighth Circuit 2019-02-07 Denied Response WaivedIFP certificate-of-appealability civil-procedure civil-rights drug-quantity due-process eighth-circuit equal-protection ineffective-assistance plea-bargaining standing strickland-standard takings I. (i) WHETHER COUNSEL. RENDERED INEFFECTIVENESS FOR FAILING TO OBJECT TO THE DRUG QUANTITY CALCULATION IN THE PSR, USED THREATS TO CORCE PETITIONER T…
18-7760 Geoffrey A. Gish v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP §-2255-motion appellate-review certificate-of-appealability due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel merits-assessment plea-bargaining procedural-default statute-constitutionality subject-matter-jurisdiction Question 1 This Court held that a court of appeals exceeds its subject-matter jurisdiction when the appellate court bypasses the certificate of appea…
18-7616 Rodrigo Tovar Pupo v. United States District of Columbia 2019-02-01 Denied Response WaivedIFP appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe…
18-7710 Jose Garcia Mejia v. Shawn Hatton, Warden Ninth Circuit 2019-02-01 Denied IFP 14th-amendment 5th-amendment administrative-processing aedpa constitutional-rights criminal-procedure due-process habeas-corpus plea-bargaining procedural-error Were Petitioner's constitutional Rights violated during trial? When Petitioner had no realistic chance of prevailing and the record was silent as to w…
18-7715 Jose Flores v. United States Fifth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule…
18-7727 Gregory Hatt v. United States Fourth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple…
18-7692 Byron Anthony Horn v. United States Fifth Circuit 2019-01-31 Denied Response WaivedIFP criminal-law criminal-procedure criminal-sentencing due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining pleading reasonable-doubt reasonable-sentence sentencing statutory-interpretation Whether facts that alter the range of "reasonable" federal sentences must be pleaded in the indictment in federal cases?
18-7607 Bruce White v. United States Seventh Circuit 2019-01-28 Denied Response WaivedIFP counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea IF A PLEA WAS NOT ENTERED VOLUNTARY, INTELLIGENTLY, OR KNOWINGLY WILL THAT BE CONSIDERED GROUNDS TO FILE A MOTION FOR WITHDRAWAL OF A PLEA AGREEMENT P…
18-7533 Shawn Canada v. Eddie Miles, Warden Eighth Circuit 2019-01-23 Denied IFP civil-rights confrontation-clause cruel-and-unusual-punishment double-jeopardy due-process habeas-corpus ineffective-assistance plea-bargaining sentencing 1. DID CANADA RECEIVE EFFECTIVE ASISTANCE OF COUNSEL 2. WAS THERE AN ABUSE OF DISCRETION TO BRINGING OF CANADA MENKAL HEALHL INJUSTICE DUNNG SENTENUN…
18-7491 Scott Anthony Crow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-18 Denied IFP civil-rights criminal-procedure due-process equal-protection habitual-offender ineffective-assistance-of-counsel plea-bargaining sentencing District Judge Juneillm Ronvusly"nuled that I am icarcerate Q Are My Equal Prokchins under the 14th Amend. and Due Process rights violated when; loth…
18-7494 Richard Dernard Bozell, Jr. v. Greg Skipper, Warden Sixth Circuit 2019-01-18 Denied Response WaivedIFP blackledge-v-allison blackledge-v-perry class-v-united-states constitutional-review due-process effective-assistance-of-counsel federal-court-jurisdiction guilty-plea-review habeas-corpus ineffective-assistance ineffective-counsel lafler-v-cooper plea-bargaining procedural-cognizability supreme-court-precedent Whether it can be presumed given the fact that (1) the USSC in Blackledge clearly stated that guilty plea cases were cognizable for federal review?; W…
18-7468 Robert Charles Jones v. Jack Palmer, Warden, et al. Ninth Circuit 2019-01-17 Denied Response WaivedIFP attorney-advice criminal-procedure due-process habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel life-without-parole parole plea-bargaining post-conviction-relief sentencing sixth-amendment Whether Jones received ineffective assistance of counsel when his trial counsel advised him to stipulate to a sentence of life without the possibility…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Petitioner contends that his trial counsel, Eddie Jordan, was ineftective because he: erroneously advised Petitioner that, by pleading guilty without …
18-7412 Keith Kennedy v. Louisiana Department of Public Safety and Corrections Louisiana 2019-01-15 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance plea-bargaining sentencing sixth-amendment criminal-procedure due-process ineffective-assistance-of-counsel plea-bargaining sentencing standing Why did Judge Gail Shenp force Keith Ray Kewmekj who guilty plea? Is my attorney Charles Kw en Be. abandoned? Is that ss, fo ron +4 \\ Mancl. If So,…
18-7247 In Re Dennis Roger Bolze 2019-01-07 Denied IFP actual-innocence circuit-court constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel judicial-review money-laundering plea-bargain plea-bargaining Question not identified.
18-7269 Larry Allison v. United States Eighth Circuit 2019-01-07 Denied Response WaivedIFP civil-rights constitutional-law conviction criminal-procedure double-jeopardy due-process judicial-review legal-procedure plea-bargaining sentencing statutory-interpretation 1. Can one be sentenced for a crime to which no plea of guilty has been entered and no trial resulting in a conviction has been held? 2. Will this Co…
18-7230 Antwain D. Ashley v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel open-plea plea-bargaining sentencing sixth-amendment Whether Ashley Was Denied His Sixth Amendment Right to Effective Assistance of Counsel Where Counsel Advised Ashley that if He Made an Open Plea to th…
18-854 George Alvarez v. City of Brownsville, Texas Fifth Circuit 2019-01-04 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) brady-disclosure brady-v-maryland criminal-defendant criminal-procedure due-process exculpatory-evidence monell-liability municipal-liability plea-agreement plea-bargaining united-states-v-ruiz 1. In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that due process requires the government to disclose material exculpatory evidence to a c…
18-7172 Tomas Marco Keen v. Washington Washington 2018-12-27 Denied IFP brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct 1. Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations? 2. Do…
18-7104 Axel Irizarry-Rosario v. United States First Circuit 2018-12-19 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation May the government avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument information not …
18-7075 Patrick Martinez v. Texas Texas 2018-12-18 Denied IFP criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment Texas courts found no ineffective assistance of counsel in this criminal case where the Petitioner, Sergeant Patrick Martinez, rejected a pretrial ple…
18-7078 Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States Ninth Circuit 2018-12-18 Denied Response WaivedIFP appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver The petitioner (criminal defendant below) claimed that his plea was involuntary, so therefore his appellate waiver was involuntary. The District Court…
18-7079 Franklyn Morillo v. United States First Circuit 2018-12-18 Denied Response WaivedIFP abuse-of-discretion appellate-waiver certiorari controlled-substances criminal-procedure district-court due-process first-impression first-impression' 'Should certiorari be granted i judicial-discretion knowing-intelligent-voluntary legal-standard plea-bargaining procedural-rights role-enhancement sentencing sentencing-guidelines standard-of-review' 'Should certiorari be granted 1. Should certiorari be granted to decide whether a district court can only ask a Petitioner a single question about an appellate waiver, even though …
18-7072 Kenneth Harper v. United States Second Circuit 2018-12-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu…
18-762 Jaime Valente Pina, Jr. v. United States Sixth Circuit 2018-12-14 Denied Relisted (2) conflict-of-interest criminal-indictment federal-prosecution plea-bargaining pre-indictment right-to-counsel sixth-amendment state-charges state-prosecution Petitioner Jaime V. Pina, Jr., and his younger brother Angel were charged in state court with possession with intent to deliver cocaine. An attorney h…
18-6968 Alejandro Quinones Leyva v. United States District Court for the District of South Carolina Fourth Circuit 2018-12-11 Denied Response WaivedIFP 6th-amendment criminal-procedure ineffective-assistance ineffective-assistance-of-counsel language-barriers notice-of-appeal plea-bargaining prejudice right-to-counsel sentencing sentencing-rights sixth-amendment ALEJANDRO QUINONES-LEYVA, being duly sworn deposes as true; 1- I am the defendant herein, (2) In comection with pleading and sentencing I received ine…
18-6938 Jarrod Phillips v. Rusty Washburn, Warden Sixth Circuit 2018-12-07 Denied Response WaivedIFP appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington Whether the lower courts denial is contrary to this Honorable Supreme Court's holding in Boykin v. Alabama in the Plea matter. Whether the lower cour…
18-6941 John Leslie Chapman v. Robert Lampert, Director, Wyoming Department of Corrections, et al. Wyoming 2018-12-07 Denied Response WaivedRelisted (2)IFP abuse-of-discretion constitutional-rights criminal-procedure due-process fourteenth-amendment judicial-discretion legal-advisement plea-bargaining sentencing void-judgment I. Whether or not the strictures of Federal Rules of Criminal Procedure Rule 1 1 and the Fourteenth Amendment due process were met concerning persona…
18-6920 Clyde Retiz v. United States Fifth Circuit 2018-12-06 Denied Response WaivedIFP criminal-law criminal-procedure due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining reasonable-sentence sentencing sentencing-factors sentencing-guidelines statutory-interpretation Whether facts that alter the range of "reasonable" federal sentences must be pleaded in the indictment in federal cases?
18-6927 In Re Jerry Urbina 2018-12-06 Denied IFP abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation WHETHER IN LIGHT OF THE SUPREME COURT HOLDING IN HUGHES V. UNITED STATES (CITATIONS OMITTED), THE LOWER COURTS ABUSED THEIR DISCRETION BY DENYING PETI…
18-6946 Sergio Louis Trevino v. Texas Texas 2018-12-06 Denied Response WaivedIFP appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity Constitutionally, when a presentencing waiver of appeal is not bargained for in exchange for an agreed upon sentence, can that waiver be knowingly and…
18-6879 Darren Hogue v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2018-11-29 Denied Response WaivedIFP appellate-review circuit-court-decision due-process federal-courts federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel plea-bargaining plea-colloquy sixth-amendment standard-of-review waiver-hearing Did the Ninth Circuit's memorandum decision contravene this Court's command that a proper review of a viable Sixth Amendment claim of ineffective assi…
18-6851 Steven Gomez v. United States Fifth Circuit 2018-11-28 Denied Response WaivedIFP advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex…
18-6855 Antonio DeJesus Perez-Martinez v. United States Sixth Circuit 2018-11-28 Denied Response WaivedIFP appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness APPELLATE COUNSEL WAS GROSSLY INEFFECTIVE, BY ARGUING A MATERIAL VARIANCE IN THE INDICTMENT, INSTEAD OF THE MORE EGREGIOUS CONSTRUCTIVE AMENDMENT OF T…
18-6815 Micheal Jerrial Ibenyenwa v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-26 Denied IFP civil-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel plea-bargaining procedural-default right-to-counsel sentencing QUESTION 1: IS A COA MANDATED IF A PETITIONER DEMONSTRATES THE STATE ARRIVED AT A DECISION CONTRARY TO AND A UNREASONABLE APPLICATION OF STRICKLAND AN…
18-6744 Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division Fifth Circuit 2018-11-20 Denied IFP consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea? Whether the Unite…
18-6689 Israel Sanchez v. Christian Pfeiffer, Warden Ninth Circuit 2018-11-15 Denied Response WaivedIFP civil-rights due-process federal-jurisdiction habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations pleading-standard supreme-court-precedent Is California's stringent pleading standard to allege a claim of ineffective assistance of counsel during plea negotiations contrary to the governing …
18-6699 James Tyrell Drane v. Michigan Michigan 2018-11-14 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment I. DOES PETITIONER DRANE HAVE A DUE PROCESS RIGHT TO PLEA WITHDRAWAL OR AT MINIMUM A GINTHER HEARING WHERE HIS PLEA WAS UNKNOWING AND INVOLUNTARY, RES…
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced …
18-6667 Khaled Elbeblawy v. United States Eleventh Circuit 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, for plea-related discussions permit th…
18-6673 Tracy Lebron Vick v. Tennessee Tennessee 2018-11-13 Denied Response WaivedIFP dna-testing due-process equal-protection fourteenth-amendment plea-bargaining post-conviction post-conviction-review wrongful-conviction WHETHER, AS HERE, TENNESSEE'S REFUSAL TO EXTEND DNA POSTCONVICTION PROTECTIONS TO THOSE WHO PLED GUILTY VIOLATES THE EQUAL PROTECTION OF THE LAW AS PR…
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6633 Keith Fremin v. Robert C. Tanner, Warden Fifth Circuit 2018-11-08 Denied IFP castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing Whether the 22nd Judicial District Court failed to uphold the plea agreement in exchange for a guilty plea? Whether Counsel for the Petitioner was in…
18-6641 Antonio Fahie v. Neil McDowell, Warden Ninth Circuit 2018-11-08 Denied IFP criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing Why did'nt the judge let he take. back my plea,When my counsel told the court the i never admitted to any of the (RAPE) charges. When i found out tha…
18-6563 Jesus R. Gonzalez-Negron v. United States First Circuit 2018-11-06 Denied IFP criminal-law criminal-statute drug-trafficking due-process factual-basis firearm-possession firearms guilty-plea machine-gun-possession plea-bargaining statutory-interpretation Is evidence of a loaded machine gun and drugs within a person's residence an adequate factual basis to support a guilty plea to possession of a firear…
18-6580 Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. Georgia 2018-11-06 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment 1. The constitution requires special consideration in assessing the accuseds conduct in guilty pleas especially when parole consequences is adetermina…
18-6544 Robert Joe McNemar v. Ralph Terry, Acting Warden Fourth Circuit 2018-11-05 Denied IFP 14th-amendment 6th-amendment competency competency-evaluation criminal-defendant due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health plea-bargain plea-bargaining sixth-amendment Does due process under the Constitution's Sixth and Fourteenth Amendments require a State trial court to make an EXPRESS independent competency determ…
18-6570 Timothy J. Kaprelian v. Lizzie Tegels, Warden Seventh Circuit 2018-11-05 Denied Response WaivedIFP criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining Is a Criminal Defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed. Can a defendant's waiver be d…
18-6553 Michael Founier Dixon, aka Michael Fournier Dixon v. Texas Texas 2018-11-02 Denied Response WaivedIFP civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing PlEA AgReemeNts At "ANy" stagE duRinNg the CRimiNs pRocess CAUSE the defendant Harm; considering that they All contrined a factually iNsufficint deadl…
18-6557 Casey O'Dell v. United States Third Circuit 2018-11-02 Denied Response WaivedIFP circuit-split criminal-procedure criminal-procedure-rule-11 due-process federal-rules-criminal-procedure plea-bargaining plea-colloquy structural-error united-states-v-gonzalez-lopez 1. WHETHER: THE FED.R.CRIM.P. 11(b)(1)(N) RULE WAS VIOLATED BY THE INADEQUACY OF THE CHANGE OF PLEA COLLOQUY? 2. WHETHER THE DECISION THE THIRD CRICU…
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? …
18-6483 Armando Chavez, Jr. v. United States Fifth Circuit 2018-10-29 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process federal-jurisdiction federal-sentencing indictment indictment-requirements judicial-discretion plea-bargaining sentencing sentencing-guidelines statutory-interpretation Whether facts that alter the range of "reasonable" federal sentences must be pleaded in the indictment in federal cases?
18-6463 Jose Gilberto Portillo v. United States District of Columbia 2018-10-26 Denied Response WaivedIFP counsel-obligations counsel-obligations-guilty-plea critical-stage due-process guilty-pleas ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper language-barrier missouri-v-frye non-english-speaker plea-bargaining plea-negotiation sixth-amendment young-defendant Whether the DC Court of Appeals' decision directly conflicts with and seriously undermines controlling authority of the Supreme Court on counsel's fun…
18-6445 Tracy Lebron Vick v. Tennessee Tennessee 2018-10-25 Denied Response WaivedIFP constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional I. WHETHER THE PROVISIONS OF RULE 36.1 OF THE TENNESSEE RULES OF CRIMINAL PROCEDURE, TENNESSEE CODE ANNOTATED § 29-21-101, AND TENNESSEE LAW ARE UNCON…
18-6421 Alexis D. Negron-Cruz v. United States First Circuit 2018-10-24 Denied Response WaivedIFP civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai…
18-6401 James Gabriel Smith v. United States Sixth Circuit 2018-10-23 Denied Response WaivedIFP appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure FED. R. CRIM. P. 11 requires district courts to engage in a specific, on-the-record plea colloquy. In reviewing a plea colloquy, is it sufficient for …
18-6350 Zavien Brand v. United States Eleventh Circuit 2018-10-17 Denied Response WaivedIFP actual-innocence appellate-review certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining pro-se-petition section-2255 transcripts ALTHOUGH NOT ARGUED BY DEFENSE COUNSEL NOR NOTICED BY THE DISTRICT COURT DURING THE 28 U.S.C. §2255 PROCEEDING, WAS THE ELEVENTH CIRCUIT COURT OF APPE…
18-6334 Ahkeem Wiggins v. Robert C. Tanner, Warden Fifth Circuit 2018-10-16 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing The 1st Judicial District Court, Parish of Caddo, State of Louisiana was without jurisdiction to accept guilty plea to enhancement penalty under Louis…
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2 of the United States Constitution for the trial of his crimes by jury in the State where t…
18-456 Michael J. Persico v. United States Second Circuit 2018-10-11 Denied Response Waived apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness 1. Does Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat…
18-6240 Darryl Johnson v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court failed to advise the petitioner c…
18-6204 Jermaine Franklin v. United States Fifth Circuit 2018-10-03 Denied Response WaivedIFP appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement.
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…
18-6158 Makandi L. Terry v. Larry Abraham, Chief, Dillon County Detention Center Fourth Circuit 2018-10-01 Denied IFP brady-disclosure civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel jurisdiction plea-bargaining standing Queston(2.) Should Petitoner Terry's case should be reversed and remanded based upon direct evidence of IneffectveAsistance of Connelin Question(2.) …
18-6132 Marlon Oliver v. United States Sixth Circuit 2018-09-28 Denied Response WaivedIFP 2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment 1. WHETHER THERE IS A REASONABLE PROBABILITY THAT THE COURT BELOW WOULD VACATE PETITIONER'S CONVICTION, GIVING THE OPPORTUNITY TO CONSIDER THIS COURT'…
18-6103 Fernando Valdez-Cejas v. United States Fifth Circuit 2018-09-26 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process plea-bargaining prior-conviction sentencing statutory-enhancement statutory-maximum I. Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and …
18-6084 Sharon Lee v. Florida Florida 2018-09-24 Denied Response WaivedIFP competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining I. WAS THE PETITIONER'S CONSTITUTIONAL RIGHTS VIOLATED WHEN THE PETITIONER UNKOWINGLY AND UNINTELLIGENTLY ACCEPTED A PLEA TO A SECOND DEGREE MURDER CH…
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel 1. Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed …
18-6028 Maurice Baum v. United States Fourth Circuit 2018-09-18 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively…
18-5959 John Ingebretsen v. Jack Palmer, Warden, et al. Ninth Circuit 2018-09-13 Denied Response WaivedIFP cause-and-prejudice certificate-of-appealability civil-rights due-process habeas-corpus ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining post-conviction-counsel procedural-default Whether the Ninth Circuit erred in denying a request for a certificate of appealability because reasonable jurists would find it debatable whether Ing…
18-288 Philip A. Mearing v. United States Fourth Circuit 2018-09-05 Denied Amici (3) appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation 1. Whether, or under what circumstances, a criminal defendant's waiver in his plea agreement of the right to appeal his "sentence" covers an appeal of…
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT WHETHER THE STATE ATTORNEY OFF…
18-5771 Jim Walter Qualls, Jr. v. United States Tenth Circuit 2018-08-28 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation Whether the Supreme Court should resolve a conflict among the Circuit Courts of Appeals, and find that the Tenth Circuit erred in affirming Petitioner…
18-5799 In Re Robert N. Smithback 2018-08-28 Denied Relisted (2)IFP constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury Ground #1. Whether Smithback is being deprived of his liberty without due process of law, to wit: Texas did not have subject matter jurisdiction, pers…
18-5767 Fox Joseph Salerno v. Jo Lynn Gentry, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2018-08-27 Denied IFP bill-of-attainder constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance-of-counsel plea-bargaining retroactive-application retroactivity Did the State Trial Court err by unconstitutionally using Federal case laws of Missouri v. Frye/ Lafler v. Cooper and applying it retroactively thus v…
18-5705 George Easterly v. Florida Florida 2018-08-23 Denied Response WaivedIFP criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea Question #1: Whether the Florida Court of Appeals unreasonably applied this Courts precedent when it upheld summary denial of a postconviction claim a…
18-227 Justin Michael Wolfe v. Virginia Virginia 2018-08-22 GVR Response RequestedResponse WaivedRelisted (2) appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution Whether, in light of Class, a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute ba…
18-5675 David Pate v. United States Fourth Circuit 2018-08-22 Denied Response WaivedIFP appellate-procedure appellate-review constitutional-law criminal-procedure due-process government-overreach plea-bargaining right-to-appeal IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT?
18-5656 Venise Metayer v. Florida Florida 2018-08-20 Denied IFP constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights I. WERE THE PETITIONER'S CONSTITUTIONAL RIGHTS VIOLATED WHEN THE TRIAL COURT DENTED HER MOTION FOR ILLEGAL SENTENCE BASED UPON THE PETITIONER'S REFERE…
18-5615 Joel Chavira-Nunez v. United States Tenth Circuit 2018-08-16 Denied Response WaivedIFP 18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review Reasonable Jurist would find it debatable Whether the District Court Erred When it Ignored Undisputed Facts Establishing that The Prosecution Violated…
18-5624 Feliciano Villa-Sariana, aka Feliciano Villa v. United States Fifth Circuit 2018-08-16 Denied Response WaivedIFP apprendi-rule apprendi-v-new-jersey criminal-procedure due-process indictment plea-bargaining prior-conviction sentencing statutory-maximum I. Whether all facts B including the fact of a prior conviction B that increase a defendant =s statutory maximum must be pleaded in the indictment and…
18-202 Haynes Timberland, Inc. v. United States First Circuit 2018-08-15 Denied Response Waived appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights Whether a defendant, by executing a pre-sentence waiver of the right to a direct appeal of his conviction and sentence, implicitly waives his right to…
18-5599 Anson Chi v. United States Fifth Circuit 2018-08-15 Denied Response WaivedRelisted (2)IFP appeals civil-procedure civil-rights criminal-procedure due-process habeas-corpus plea-bargaining pro-se sentencing standing (1) Is the risk-of-force/residual clause in 18 U.S.C. § 924(c)(3)(B) unconstitutionally vague in the light of Sessions v. Dimaya, 332 U.S. 584, 138 S.…
18-5558 Joseph William Atwell v. Tammy Ferguson, Superintendent, State Correctional Institution at Graterford, et al. Third Circuit 2018-08-13 Denied IFP constitutional-rights due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudicial-evidence sixth-amendment WHETHER THE STATE DEPRIVED PETITIONER OF HIS GUARANTEED RIGHT TO A FAIR TRIAL WHEN IT PERMITTED THE PROSECUTION TO INTRODUCE TO THE TRIAL JURY A BUNCH…
18-5545 Carlos David Lopez v. California California 2018-08-10 Denied Response WaivedIFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment Does a trial court's refusal to review privileged mental health records of the complaining witness during plea negotiations violate the Sixth Amendmen…
18-5488 Eddie Allen Jackson v. United States Sixth Circuit 2018-08-08 Denied Response WaivedIFP 2255-motion due-process habeas-corpus ineffective-assistance-of-counsel judicial-interpretation jurisdiction legal-construction liberal-construction lower-court motion plea-bargaining prejudice pro-se pro-se-pleadings section-2255 standard-of-review Does the Lower Court violate this Court's directive to liberally construe documents filed pro se when they construe assertion in a §2255 Motion as mer…
18-5481 John K. D. Watson v. Virginia Fourth Circuit 2018-08-07 Denied IFP ' 'colloquy" ' 'due-process" ' 'evidentiary-review' ' 'guilty-plea" ' 'ineffective-assistance-of-counsel" ' 'learning-disability" civil-rights criminal-procedure due-process mental-competency plea-bargaining sentencing 1)IN HIS CASE, THE GUILTY PLEA WAS NOT ONLY INCOMPREHENSIVE, BUT COERCE AND MADE THROUGH DURESS BY RELYING ON GROSSLY MISINFORMATION BY COUNSEL. I WOU…
18-5447 David V. Rock v. Charmaine Bracy, Warden Sixth Circuit 2018-08-06 Denied IFP burden-of-proof constitutional-error due-process enhancement evidence habeas-corpus plea-bargaining plea-validity presumption-of-innocence reasonable-doubt sixth-amendment 1.) O.R.C.2901.45(A)..every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof i…
18-5418 Kenneth Green v. Colorado Colorado 2018-07-31 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure collateral-attack due-process federal-questions fourth-amendment indigent-defendant march-7-2014 motion plea-bargaining right-to-appeal transcript written-motion Does state have a constitutional authority in the case of warrantless arrest with no probable cause determination by a neutral and detached magistrate…
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant WHETHER: THE DISTRICT COURT SHOULD HAVE SUPPRESSED ALL OF THE FRUITS OF THE POISONOUS TREE BASED UPON THE FOUND TO BE CORRUPTED OFFICIALS AND THE ILLE…
18-5339 Tyron James v. Paul Snyder, Warden, et al. Tenth Circuit 2018-07-25 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel plea-bargaining retroactive-application sixth-amendment strickland-v-washington Whether the Strickland doctrine, as applied by the Tenth Circuit, requires retroactive application to convictions that became final before Strickland …
18-106 John R. Turner v. United States Sixth Circuit 2018-07-24 Denied Amici (6)Relisted (2) circuit-split criminal-procedure dual-sovereignty formal-charges plea-bargaining plea-negotiations pre-charge pre-indictment right-to-counsel sixth-amendment I. Whether the Sixth Amendment right to counsel attaches when the prosecutor conducts plea negotiations before the filing of a formal charge. II. Whe…
18-5256 Brandon Wade Moragne-El v. Pennsylvania Pennsylvania 2018-07-19 Denied IFP constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court 1. Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the S…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony The question presented is: Whether a criminal defendant in a drug conspiracy trial is entitled to see the plea agreements of non-testifying co-defenda…
18-5247 James McCray v. S. L. Burt, Warden Sixth Circuit 2018-07-18 Denied Response WaivedIFP 6th-amendment constitutional-violation criminal-procedure due-process judicial-discretion jury-trial minimum-sentence plea-bargaining reasonable-doubt sentencing-guidelines sixth-amendment WHETHER THE SIXTH CIRCUIT DECISION IS OBJECTIVELY UNREASONABLE AS A MATTER OF DUE PROCESS, BECAUSE MCCRAY SENTENCING GUIDELINES OFFENSE VARIABLE[S] WA…
18-66 Regis Blake Ross v. Arizona Arizona 2018-07-12 Denied constitutional-review criminal-procedure due-process effective-assistance-of-counsel evidentiary-hearing federal-review-standards ineffective-assistance plea-bargaining plea-voluntariness post-conviction-relief standard-of-review supreme-court-precedent This Court has jurisdiction to determine federal constitutional issues that have been incorrectly decided by State courts of last resort. Mr. Ross rai…
18-5183 Christopher M. Holmes v. United States Eighth Circuit 2018-07-10 Denied Response WaivedIFP court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony MEt, IF CURT -AppoatEd TRIAL CWNSEl ADMITTS ThAT ShE D NEyleCtEC To woNfeR nith client ABout Peremptory staikes befire oR durins peremptory Strike ses…
18-5156 D'Angelo Battis v. United States Eleventh Circuit 2018-07-09 Denied Response WaivedIFP appellate-procedure civil-procedure constitutional-law due-process eleventh-circuit ineffective-assistance-of-counsel judicial-review plea-bargaining plea-voluntariness pro-se pro-se-brief pro-se-representation sentencing standard-of-review unconstitutional-sentence Whether the Eleventh Circuit Court of Appeals erred when it ignored Petitioner's pro se brief, in its entirety. Whether the Eleventh Circuit Court of…
18-5114 Nigel L. Faison v. United States Fourth Circuit 2018-07-05 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process jurisdiction plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation takings failed to review 4CCA when entered Claim .5 hualidated due to that 0lea insufficlent factuar basis. e founs whea it 4CCA that shcofret erned drug quan…
18-5134 Ronald Raymond Fowlkes v. United States Eighth Circuit 2018-07-05 Denied Response WaivedIFP amendment circuit-split civil-procedure due-process federal-courts federal-magistrates-act habeas habeas-corpus magistrate-judge notice notice-requirement opportunity-to-respond plea-bargaining procedural-rules PURSUANT TO USCS RULE 10(a) AND (c), HAS THE EIGHTH CIRCUIT COURT OF APPEALS ENTERED A DECISION WHICH CONFLICTS WITH THIS COURT'S DECISION IN DAY v. M…
18-20 Arkadiy Bangiyev v. United States Fourth Circuit 2018-07-03 Denied Response Waived 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari In McCoy v. Louisiana, 138 S.Ct. 1500 (2018), this Court held that trial counsel may not concede the defendant's guilt over the defendant's objection.…
18-5 Dennis Riley v. Ohio Washington 2018-07-02 Denied Response Waived brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct 1. Whether the court of appeals erroneously ruled that a defendant is not entitled to impeachment or exculpatory evidence if he pleads guilty at any s…
18-5072 Jill M. Evans v. United States Tenth Circuit 2018-07-02 Denied Response WaivedIFP acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses Under the Federal Sentencing Guidelines, should a defendant be entitled to credit under the acceptance of responsibility guideline (USSG §3E1.1) if sh…
18-5047 Keith Lamont Tutt v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea 1) Whether the district court Prejudiced the defendant by denying him due process of a concerning his reasons for Wanting to withdraw his guilty plea …