| 25-1064 |
Michael Prime v. United States |
Eleventh Circuit |
2026-03-06 |
Pending |
Response Waived |
equitable-defense federal-rule-of-criminal-procedure-41 laches motion-for-return prejudice seized-property |
Whether the government may satisfy the "prejudice" element of the equitable defense of laches by relying on its own voluntary destruction of seized pr… |
| 25A831 |
Samuel Lee Smith, Jr. v. Richard E. Gerstein Justice Building, et al. |
Eleventh Circuit |
2026-01-21 |
Application |
|
11th-circuit extension-of-time petition-for-certiorari prejudice supreme-court writ-of-certiorari |
Question not identified. |
| 25A753 |
Samuel Lee Smith, Jr. v. Natasha Katherina Smith |
Florida |
2025-12-30 |
Application |
|
11th-circuit extension-of-time petition-for-certiorari prejudice supreme-court writ-of-certiorari |
Question not identified. |
| 25-6149 |
Byron Jones v. Michigan |
Michigan |
2025-11-18 |
Rehearing |
Relisted (2)IFP |
constitutional-rights due-process ineffective-assistance prejudice speedy-trial trial-delay |
I.
Did The Court Of Appeals Err When It Deteruined That Mr. Jones Constitutional
Rights To A Speedy Trial Were Not Violated When Through No Fault Of … |
| 24-7223 |
Torrence Belcher v. Ron Neal, Warden |
Seventh Circuit |
2025-05-15 |
Denied |
Response WaivedIFP |
corruption discrimination judicial-system justice prejudice supreme-court |
1. What does in the interest of justice mean??
2. How can an informant become unreliable?
3. Is a guess or hunch enough evidence to find an American c… |
| 24A439 |
John Xavier Portillo v. United States |
Fifth Circuit |
2024-11-01 |
Presumed Complete |
|
appellate-counsel bureau-of-prisons constitutional-standard ineffective-assistance prejudice writ-of-certiorari |
The question presented to this Court will relate to the proper standard to be used to evaluate prejudice when a Defendant alleges his appellate counse… |
| 24-5240 |
Bradley Dale Hull v. United States |
Ninth Circuit |
2024-08-06 |
Denied |
IFP |
federal-rules-of-evidence intent intent-element lower-court-decisions other-act-evidence prejudice probative-value rule-403 rule-404(b) rule-404b unfair-prejudice |
Is it incumbent upon a trial court when determining whether the probative value of other-act evidence offered under Rule 404(b) is substantially outwe… |
| 24-5213 |
Gilbert Campa v. Ingrid Rosenquist, et al. |
Ninth Circuit |
2024-08-01 |
Denied |
IFP |
appeals civil-action civil-procedure court-of-appeals dismissal holidays judicial-procedure jurisdiction legal-review prejudice procedural-error time-limits |
Did the Ninth Circuit Court of Appeals err in dismissing my Appeal filed in Civil Action Complaint for consideration one day late when the Court assum… |
| 24-5212 |
Clarence Wyatt Holland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-01 |
Denied |
IFP |
circuit-court due-process fundamental-justice harmless-error ineffective-assistance-of-counsel ineffective-counsel prejudice prosecutorial-misconduct supreme-court-law |
Did the Circuit Court reach its holding, after applying
incorrect harmless-error standard and disregarding the
compelling record evidence of prejudi… |
| 24-5196 |
Nicholas Salfi v. Amy Robey, Warden |
Sixth Circuit |
2024-07-31 |
Denied |
Response WaivedIFP |
counsel-duty effective-assistance habeas-corpus Lafler-v-Cooper martinez-exception plea-negotiations prejudice procedural-default sixth-circuit |
Whether the duty of defense counsel to provide effective assistance during plea negotiations extends to delivering counteroffers to the prosecution.
… |
| 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… |
| 23-7825 |
Eduardo Margarito Soto, aka Edwardo Margarito Soto v. Texas |
Texas |
2024-06-28 |
Denied |
IFP |
appellate-procedure civil-rights constitutional-claim counsel-performance due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prejudice record-development |
oft. *4He VliqhesP Couftd iie\/ietOed)
<4V)6 eoU(2e *>eco£el auc( - {AAedt 4o w \z.e ^ppl < c fHj&hAS esArdbUsherf bif a p>QepD/ode(LiTOe oP ^be es/id… |
| 23-7764 |
Leon Davis, Jr. v. Florida, et al. |
Florida |
2024-06-20 |
Denied |
IFP |
bad-acts ballistics-evidence capital-case criminal-evidence criminal-procedure-ineffective-assistance-of-couns ineffective-assistance other-crimes-evidence postconviction-review prejudice strickland-standard strickland-v-washington trial-counsel |
Whether in a case with no direct evidence connecting the defendant to the crime except the introduction of evidence of other crimes or bad acts, the S… |
| 23-7544 |
Rodolfo Morales-Cortez v. United States |
Ninth Circuit |
2024-05-22 |
Denied |
Response WaivedIFP |
burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct |
Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju… |
| 23-7488 |
Jose Eliso Zavala v. Texas |
Texas |
2024-05-15 |
Denied |
IFP |
14th-amendment 6th-amendment actual-bias constitutional-rights fair-trial fourteenth-amendment impartial-jury juror-bias prejudice sixth-amendment structural-error |
QUESTION No. 1
WHETHER OR NOT THE PETITIONER WAS DEPRIVED OF HIS CONSTITUTIONAL
RIGHTS TO A FAIR AND IMPARTIAL TRIAL UNDER THE 6TH AND 14TH
AMENDMEN… |
| 23-7285 |
Sabrina Gibson v. Thomas F. Roupas, Jr., et al. |
Fourth Circuit |
2024-04-22 |
Denied |
Response WaivedIFP |
civil-procedure district-court federal-rules federal-rules-of-civil-procedure judicial-discretion manifest-error prejudice procedural-standard standard-of-review |
Whether it was manifest error and significantly prejudicial for the District Court to apply a heightened standard under Federal Rule of Civil Procedur… |
| 23-978 |
Loan Phuong v. Cong Van Nguyen |
Virginia |
2024-03-07 |
Denied |
|
6th-amendment bias due-process impartiality judicial-bias legal-procedure prejudice sixth-amendment supreme-court virginia-law virginia-supreme-court |
Whether the Virginia Supreme Court's decision caused the Petitioner to suffer damages when it refused to rehear her case against the Respondent in vio… |
| 23-6888 |
Darrell Wayne Frederick v. Christe Quick, Warden |
Tenth Circuit |
2024-03-04 |
Denied |
IFP |
aspd brain-damage capital-punishment capital-sentencing ineffective-assistance-counsel ineffective-assistance-of-counsel mitigation-evidence prejudice prejudice-review strickland-standard strickland-v-washington |
The jury that sentenced Mr. Frederick to death did not hear from a single live defense witness during the penalty phase of his capital trial. Despite … |
| 23-6809 |
Warren Lee Mackey v. United States |
Eighth Circuit |
2024-02-22 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process evidence harmless-error judicial-precedent prejudice prejudice-standard trial-testimony witness-bolstering witness-testimony |
Circuits are applying different tests to gauge prejudice resulting from testimony that improperly bolsters or vouches for the testimony of another wit… |
| 23-6738 |
Ellis Louis Mashburn, Jr. v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-02-13 |
Denied |
IFP |
capital-murder capital-trial death-penalty habeas-corpus ineffective-assistance-of-counsel mental-illness mitigation-evidence prejudice sixth-amendment strickland-standard strickland-v-washington |
Whether, under Strickland v. Washington , a death row inmate is
precluded from establishing prejudice from his trial counsel's
deficient performance d… |
| 23-6664 |
Robert Edward Sindaco v. Florida |
Florida |
2024-02-05 |
Denied |
IFP |
appellate-review bias constitutional-law criminal-procedure due-process fair-trial federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel prejudice prosecutorial-misconduct |
Question not identified. |
| 23-6650 |
Pablo Guzman v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-02-01 |
Denied |
IFP |
appellate-review constitutional-prejudice federal-habeas-corpus habeas-corpus jury-instruction lockhart-precedent lockhart-v-fretwell prejudice state-court-decision supreme-court-precedent |
Does Lockhart v. Fretwell, 506 U.S. 364, 113 S. Ct. 838, 122 L. Ed. 2d 180
(1993), prevent federal habeas corpus relief regardless of substantive prej… |
| 23-6559 |
Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2024-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements |
1. Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that… |
| 23-6536 |
Kidada Savage v. United States |
Third Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
attorney-conflict-of-interest conflict-of-interest constitutional-rights due-process effective-assistance-of-counsel prejudice sixth-amendment trial-court-inquiry |
WHETHER THE THIRD CIRCUIT ERRONEOUSLY EXTENDED THIS COURT'S DECISION IN CUYLER V. SULLIVAN, 446 U.S. 335 (1980) BY HOLDING THAT EVEN WHERE A TRIAL COU… |
| 23-6496 |
Irvin Harris Johnson v. United States |
District of Columbia |
2024-01-17 |
Denied |
IFP |
attorney-client-privilege criminal-procedure evidence-seizure prejudice pretrial-detention right-to-counsel sixth-amendment trial-evidence work-product-doctrine work-product-privilege |
While Petitioner Irvin Johnson was in jail awaiting trial for murder, he reviewed the police affidavit from his arrest, taking notes on questions and … |
| 23-6447 |
Samuel Sherman v. United States |
Eighth Circuit |
2024-01-10 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-right criminal-joinder criminal-procedure prejudice prejudicial-error rule-14 rule-14-procedure sixth-amendment zafiro-precedent zafiro-v-united-states |
Whether the lower courts misapplie d this Court's holding in Zafiro
v. Unit ed States, 506 U.S. 534, 113 S.Ct. 933 (1993), and the
require ments of Ru… |
| 23-735 |
Stuart J. Shicks v. Indiana Department of Child Services, et al. |
Seventh Circuit |
2024-01-08 |
Denied |
Response WaivedRelisted (2) |
child-services civil-rights constitutional-rights due-process government-agency jurisdictional-dispute legal-persecution prejudice pro-se psychological-persecution state-agency |
1. Whether psychological persecution, deprivation of constitutional rights and prejudices
against pro se litigants is allowed in any court of law or g… |
| 23-6271 |
Tyrone Maddox v. Illinois |
Illinois |
2023-12-15 |
Denied |
IFP |
criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value |
The trial court should not have allowed the introduction of Tyrone Maddox's 20 year old prior Indiana Conviction for delivery of Narcotics on the issu… |
| 23-607 |
Morris S. Glover v. Daniel E. Cohen, et al. |
Federal Circuit |
2023-12-06 |
Denied |
|
bias case-document court-filing due-process legal-document patent-infringement petition prejudice pro-se scotus summary-judgment |
Question not identified. |
| 23-6137 |
In Re Ronald Boyajian |
|
2023-11-30 |
Denied |
Response WaivedRelisted (2)IFP |
appeal-of-right constitutional-rights criminal-appeal criminal-procedure due-process judicial-assignment judicial-recusal prejudice recusal three-judge-panel |
1. In an only appeal of right of a criminal judgment, did Respondents deny defendant-appellant Ronald Boyajian's ("Petitioner") Due Process in failing… |
| 23-502 |
Noble U. Ezukanma v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response Waived |
counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard |
How do the standards for judging ineffective assistance of counsel apply to the question of what advice defense counsel gives to a defendant concernin… |
| 23-5973 |
Richard C. Duerson v. United States |
Sixth Circuit |
2023-11-08 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-error constitutional-rights criminal-procedure critical-stage cronic-standard due-process due-process-rights ineffective-assistance-of-counsel prejudice strickland-test strickland-v-washington united-states-v-cronic |
1.) Has the Supreme Court overruled United States v. Cronic, eliminating the presumption that an accused has suffered Constitutional error without the… |
| 23-5956 |
Eriq R. McCorkle v. Norm Robinson, Warden |
Sixth Circuit |
2023-11-06 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment barker-standard barker-v-wingo constitutional-rights material-witness pre-trial-delay prejudice sixth-amendment speedy-trial |
1. When the death of a material witness occurs during Pre-Trial delay, does a showing of whether and/or what the witness there need to be would have t… |
| 23-444 |
Steven Lee Moss v. Gary Miniard, Warden |
Sixth Circuit |
2023-10-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
6th-amendment counsel-denial cronic-exception effective-assistance-of-counsel ineffective-assistance prejudice sixth-amendment state-action strickland-standard strickland-v-washington united-states-v-cronic |
The question presented is whether, when counsel is physically present, state action is required before a court may find a complete denial of counsel u… |
| 23-5677 |
Rodtravion Woods v. Brian Cates, Warden |
Ninth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel |
Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel when his counsel failed to impeach a critical gove… |
| 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… |
| 23-5440 |
Roman Andreyevich Glukhoy v. California |
California |
2023-08-25 |
Denied |
Response WaivedIFP |
appellate-review chapman-standard chapman-v-california criminal-procedure harmless-error jury-instructions legal-theory prejudice prejudicial-error standard-of-review |
1. When a defendant is convicted after a trial court instructs a jury on two theories of
guilt, one of which is legally correct and one legally incorr… |
| 23-5423 |
Andre Monteek Edwards v. Kim Cargor, Warden |
Sixth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard |
1(a). DOES A SECOND DEGREE MURDER CONVICTION PRECLUDE A SHOWING OF PREJUDICE WHEN COUNSEL'S ERRORS WHICH PRECLUDED THE JURY'S CONSIDERATION OF MICHIGA… |
| 23-5406 |
Kecia Porter v. USAA Casualty Insurance Company |
Seventh Circuit |
2023-08-22 |
Denied |
Response WaivedRelisted (3)IFP |
civil-rights color-of-law cooperation-clause due-process equal-protection prejudice pro-se-litigant summary-judgment under-color-of-law |
1. Whether the 7th Circuit's decision is Under Color of Law Title 18, U.S.C. Section 242 an in error, contrary to well settled law, finding respondent… |
| 23-5410 |
Sedrick D. Russell v. J. Denmark |
Fifth Circuit |
2023-08-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice pro-se-petition sixth-amendment standing |
Must a pro se petitioner alleging a complete denial of counsel specifically cite Cronic to exhaust his claim in the state court?
If a detained crimin… |
| 23-5391 |
Walter Raul Maguina v. United States |
Fifth Circuit |
2023-08-18 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court due-process evidence extrinsic-evidence harmless-error judicial-procedure prejudice prejudicial-evidence remand |
Whether a district court's failure to address the prejudicial nature of extrinsic evidence requires remand. |
| 23-5342 |
Roger Rachon Cooley v. United States |
Eighth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
barker-test barker-v-wingo constitutional-rights four-factor-balancing-test judicial-review motion-to-dismiss negligence prejudice sixth-amendment speedy-trial |
Did the lower courts err in analyzing the four factor balancing test outlined in Barker v. Wingo, 407 U.S. 514, (1972) when they denied Mr. Cooley's m… |
| 23-5332 |
Tamara Jeune, aka Tamara Voltaire v. United States |
Eleventh Circuit |
2023-08-10 |
Denied |
IFP |
circuit-court-split circuit-split evidence-rule federal-rules-of-evidence judicial-interpretation prejudice probative-value propensity-evidence rule-404(b) trial-procedure |
How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn… |
| 23-5333 |
Abussamaa Rasul Ramzidin v. Angelo J. Onofri, Individually and in His Official Capacity as Mercer County Prosecutor, et al. |
Third Circuit |
2023-08-10 |
Denied |
Relisted (3)IFP |
appellate-review civil-procedure district-court due-process judicial-error legal-standard prejudice procedural-prejudice standing third-circuit |
1. WHETHER OR NOT, THE THIRD CIRCUIT COURT OF APPEALS AND THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ERRED IN THEIR DECISIONS WHI… |
| 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 … |
| 23-95 |
Philip Esformes v. United States |
Eleventh Circuit |
2023-08-02 |
Denied |
|
attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment |
While investigating petitioner for alleged health-care fraud, federal prosecutors seized hundreds of petitioner's attorney-client privileged documents… |
| 23-5006 |
Robert Timothy Blake v. United States |
Fifth Circuit |
2023-06-30 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeal appellate-procedure case-consolidation consolidation due-process judicial-discretion prejudice procedural-fairness relevant-issues |
1. Wether, Consistent with the Due Process Clause, a defendant may suffer prejudice, when a Court will order a Consolidation of Cases, where one case … |
| 22-7901 |
Samuel Howard v. Renee Baker, Warden |
Ninth Circuit |
2023-06-29 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense criminal-procedure habeas-corpus ineffective-assistance judicial-inquiry legal-representation prejudice right-to-counsel sixth-amendment |
1. Is the Sixth Amendment violated when a defendant is forced to accept representation by lawyers who se supervisor have a longstanding social and fam… |
| 22-7859 |
Timothy Sumpter v. Kansas |
Tenth Circuit |
2023-06-23 |
Denied |
Response WaivedIFP |
due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis state-post-conviction strickland strickland-standard sufficiency-of-evidence |
Under clearly established law, in most ineffective assistance of trial counsel cases, prejudice is shown by demonstrating "a reasonable probability th… |
| 22-7778 |
Kenneth Ueding v. Colorado Department of Corrections, et al. |
Tenth Circuit |
2023-06-13 |
Denied |
Relisted (2)IFP |
28-usc-2254 constitutional-rights dismissal district-court-dismissal habeas-corpus prejudice procedural-remedy speedy-trial state-convictions |
In the first Issues questions of discussion for this court to consider is: Did Mr. Ueding hold the right to challenge his state convictions in a habea… |
| 22-7706 |
Johnny Taylor v. Jeff Tanner, Acting Warden |
Sixth Circuit |
2023-06-05 |
Dismissed |
Response RequestedResponse WaivedIFP |
complete-denial-of-counsel critical-stage evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel prejudice presumption-of-prejudice sixth-amendment sixth-circuit |
1. If an attorney's deficiency is grave enough, criminal defendants do not
need to demonstrate prejudice to prove ineffective assistance of counsel. I… |
| 22-7531 |
Chykeetra Maltbia v. United States |
Eleventh Circuit |
2023-05-11 |
Denied |
Response WaivedIFP |
briefing circuit-court criminal-procedure due-process insufficient-evidence legal-error mens-rea miscarriage-of-justice plain-error prejudice regulatory-provisions |
Whether the Circuit Court erred in finding that the defendant had not established prejudice due to an omitted mens rea element based on what it believ… |
| 22-7482 |
Ralph Leroy Menzies v. Robert Powell, Warden |
Tenth Circuit |
2023-05-08 |
Denied |
IFP |
adequate-appeal appellate-review capital-case due-process prejudice prejudice-standard transcript transcript-reconstruction voir-dire |
1. Does the petitioner's Due Process right to an adequate and effective appeal in a capital case require a new trial where critical portions of the pr… |
| 22-7407 |
Derrick D. Hayes v. Illinois |
Illinois |
2023-04-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy |
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<3 IWeose-' Prwoca'fldn - Tt'wf tucvs p<*fe/rHi/
Un'kznqbf… |
| 22-7405 |
Earl C. Handfield, II v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2023-04-28 |
Denied |
IFP |
brady-v-maryland counsel-performance due-process federal-courts legal-burden prejudice prosecutorial-misconduct strickland-v-washington |
1. DOES BRADY V MARYLAND LAW WARRANT CLARIFICATION DUE TO FEDERAL COURTS ADDING A COUNSEL PERFORMANCE' PRONG TO THE BRADY ANALYSIS WHICH CONFUSES THE … |
| 22-1004 |
Kurt Garrison v. City of Ottawa, Kansas, et al. |
Kansas |
2023-04-14 |
Denied |
|
constitutional-rights due-process equal-protection judicial-bias prejudice procedural-due-process professional-engineering right-to-trial-by-jury standard-of-review substantive-due-process |
1. Whether substantive due process applied by the
state district court when erroneously dismissing this
case with no evidentiary hearing, without di… |
| 22-7158 |
Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel |
I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim Tha… |
| 22-7126 |
Andre Chandler, aka Mac Dre v. United States |
Second Circuit |
2023-03-28 |
Denied |
Response WaivedIFP |
attorney-client-privilege constitutional-rights due-process government-misconduct prejudice sixth-amendment trial-strategy witness-cooperation witness-debriefing |
Did the government violate Petitioner's Sixth Amendment rights when it debriefed a witness who, by the time of trial was clearly cooperating with the … |
| 22-866 |
John Franklin Bell, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-03-13 |
Denied |
|
thus requiring a COA and plenary consideration by certificate-of-appealability dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice standard-of-review trial-counsel |
Are petitioner's due process and ineffective assistance of counsel claims debatable among reasonable jurists, thus requiring a COA and plenary conside… |
| 22-6786 |
Cleveland Leroy Coaxum, Jr. v. Jeffrey Snoddy, Warden |
Fourth Circuit |
2023-02-15 |
Denied |
Response WaivedIFP |
appealability constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-rules prosecutorial-misconduct trial-misconduct |
1. DMdthe courts make an error on Ruling Petitioner's Habeas Corpus, as un-timely filed petition despite it being filed on time in the lower courts?
… |
| 22-749 |
Andre Dow v. Nevada |
Nevada |
2023-02-09 |
Denied |
|
6th-amendment attorney-client-privilege counsel-of-choice due-process fair-trial first-amendment prejudice sixth-amendment us-v-gonzalez-lopez |
1. Whether Mr. Dow's Sixth Amendment right to counsel of choice was violated and prejudice should have been presumed by the lower court in light of th… |
| 22-6654 |
Roland Cummings v. Maine |
Maine |
2023-01-27 |
Denied |
Response WaivedIFP |
due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel post-conviction-review prejudice sixth-amendment sua-sponte |
Where a post-conviction review of a murder trial leading to a sentence of life imprisonment finds that there was ineffective assistance of counsel but… |
| 22-6624 |
Daniel Ray Loyd v. Neil McDowell, Warden |
Ninth Circuit |
2023-01-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felony-murder felony-murder-rule ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-counsel state-law-error |
Question not identified. |
| 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… |
| 22-6399 |
Kerry Simpson v. Tom Watson, Warden |
Sixth Circuit |
2022-12-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure dna-evidence due-process judicial-reasoning legal-standard manifest-weight prejudice prejudice-standard standard-of-review |
1. Did the Federal Appellate Court Apply the Correct Standard in the Determination of Prejudice?
2. Manifest Weight of the Evidence.
3. Can a "Juris… |
| 22-6280 |
Jose Adolpho Castillo v. Texas |
Texas |
2022-12-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process hearsay-testimony ineffective-assistance prejudice right-to-counsel standard-of-review strickland-standard strickland-v-washington |
Whether the Court of Criminal Appeals of Texas has made the standard articulated by this Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 20… |
| 22-6192 |
Dennis Dean Neff v. United States |
Tenth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
appellate-review different-outcome judicial-discretion jury-instruction jury-instruction-error plain-error prejudice reasonable-probability trial trial-procedure unpreserved-claims |
In unpreserved claims of jury instruction error, what must an appellant show to demonstrate a "reasonable probability" of a different outcome at trial… |
| 22-6162 |
Donald Lee Scott v. Arizona |
Arizona |
2022-11-29 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony |
What is the proper standard for evaluating pre-accusation delay? |
| 22-6161 |
Melvin Lavon Shields v. Kansas |
Kansas |
2022-11-29 |
Denied |
Response WaivedIFP |
bad-faith criminal-defendant criminal-procedure due-process government-delay lovasco-v-united-states marion-v-united-states pre-charging-delay prejudice state-v-shields |
Whether a criminal defendant who has established prejudice from the government's pre-charging delay must show that delay was the result of the governm… |
| 22-487 |
Douglas Tyrone Armstrong v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-22 |
Denied |
Response Waived |
ABA-standards capital-murder constitutional-deficiency criminal-trial habeas-corpus ineffective-assistance-of-counsel prejudice prevailing-norms professional-competence |
Whether an incarcerated inmate's trial counsel provided constitutionally deficient representation under the "prevailing norms" of the American Bar Ass… |
| 22-6061 |
Kyle Watkins v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2022-11-15 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation constitutional-rights cumulative-effect due-process first-degree-murder habeas habeas-corpus law-enforcement law-enforcement-practices prejudice prosecutorial-misconduct |
In a habeas case involving a first degree murder conviction, whether a Court can construe Brady's prejudice prong so strictly that it becomes, in effe… |
| 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… |
| 22-358 |
Ronald Blake Fears v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-10-18 |
Denied |
Response Waived |
double-deference federal-deference habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis standard-of-review state-court-review strickland-standard strickland-v-washington |
I. Whether 28 U.S.C. § 2254(d)(1) requires that a federal court apply "double deference" to a state court's legal conclusion that a habeas petitioner … |
| 22-5840 |
Joseph Shook v. Florida, et al. |
Eleventh Circuit |
2022-10-14 |
Denied |
IFP |
constitutional-rights criminal-trial due-process evidence evidence-admission evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel jury-selection life-sentence prejudice prejudicial-testimony right-to-remain-silent |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights do to trial court err by:
A… |
| 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. |
| 22-5612 |
Luis F. Gomez v. United States |
Seventh Circuit |
2022-09-20 |
Denied |
Response WaivedIFP |
6th-amendment administrative-law constitutional-law due-process federal-jurisdiction judicial-review prejudice prosecutorial-misconduct reversal statutory-interpretation witness-credibility |
Does improper vouching by a prosecutor to the jury rise to a level of reversal in accordance with the 5th Amendment and unduly prejudice the defendant… |
| 22-5602 |
Edward Ellis, III v. Missouri |
Missouri |
2022-09-19 |
Denied |
Response WaivedIFP |
constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony |
1. Whether, in direct conflict with other federal and state decisions, the Missouri Court of Appeals correctly held that under the Sixth Amendment, tr… |
| 22-235 |
Paul S. Morrissey, et al. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
District of Columbia |
2022-09-13 |
Denied |
Amici (2) |
appellate-circuit-split case-termination civil-procedure dismissal dismissal-standard federal-rules prejudice prejudice-analysis standard-of-review statute-of-limitations willful-noncompliance |
Whether a discretionary dismissal without prejudice, which nevertheless functions as a dismissal with prejudice because it would end a case forever, i… |
| 22-5547 |
Seneca Loyal Neal v. United States |
Ninth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
4th-amendment body-camera-evidence constitutional-rights credibility-of-witnesses drug-conspiracy exclusionary-rule illegal-entry illegal-search-and-seizure ineffective-assistance-of-counsel prejudice section-2255-motion |
Whether the Court of Appeals for the Ninth Circuit erred in affirming the District Court's denial of Mr. Neal's 28 USC 2255 claim, where the District … |
| 22-5476 |
John R. Wood v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. |
Fourth Circuit |
2022-08-30 |
Denied |
IFP |
capital-punishment fourth-circuit-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis prison-conditions strickland-standard Wilson-v-Sellers |
1. Whether the state court unreasonably applied Strickland v. Washington, 466 U.S. 668 (1984), when it concluded that Petitioner suffered no prejudice… |
| 22-5452 |
Cameron Paul Crockett v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2022-08-29 |
Denied |
Response WaivedIFP |
aedpa evidentiary-hearing fact-finding federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice state-court |
Does AEDPA's "unreasonable determination of the facts" clause contemplate that materially inadequate state court fact-finding processes can satisfy § … |
| 22-5416 |
James Montell Chappell v. Nevada |
Nevada |
2022-08-22 |
Denied |
IFP |
capital-case fetal-alcohol-spectrum-disorder ineffective-assistance-of-counsel organic-brain-damage prejudice prejudice-prong strickland-standard strickland-v-washington |
When trial counsel in a capital case presents anecdotal evidence of prenatal exposure to alcohol and evidence of learning disability but not expert te… |
| 22-81 |
Nathaniel Lambert v. Louisiana |
Louisiana |
2022-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review constitutional-law criminal-procedure due-process griffith-standard jury-unanimity prejudice rehabilitation sentencing-delay |
1. Respondent and Louisiana courts delayed eighteen years before sentencing petitioner on two criminal convictions. It is undisputed this delay preven… |
| 22-5153 |
Ramon A. Boyce v. Ohio |
Ohio |
2022-07-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence-authentication prejudice pro-se-defendant self-representation trial-court trial-court-discretion |
1.) Has a criminal Defendant's constitutional right to self-representation been violated by a trial court, if that court unreasonably delays the Defen… |
| 22-5058 |
Davel Chinn v. Tim Shoop, Warden |
Sixth Circuit |
2022-07-11 |
Denied |
Relisted (5)IFP |
aedpa brady-claim brady-v-maryland due-process evidence-suppression materiality materiality-standard prejudice sixth-circuit supreme-court-precedent |
1. Whether a petitioner who raises a claim under Brady v. Maryland, 373 U.S. 83 (1963), must establish that they were more likely than not prejudiced … |
| 22-24 |
Vincent Gabriel v. El Paso Combined Courts, et al. |
Tenth Circuit |
2022-07-08 |
Denied |
Response Waived |
amendment civil-procedure civil-rights constitutional-rights dismissal due-process judicial-immunity motion-to-dismiss prejudice prosecutorial-immunity standing |
1) Is it appropriate for a trial court to dismiss a complaint with prejudice prior to allowing an individual at least one opportunity to amend the com… |
| 22-5036 |
Raleigh Figueras v. United States |
Ninth Circuit |
2022-07-06 |
Denied |
Response WaivedIFP |
28-usc-2106 circuit-court-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review objective-standard prejudice strickland-standard strickland-v-washington |
1. When a circuit court unambiguously and erroneously applies a
subjective standard in assessing whether a habeas petitioner has
established the preju… |
| 21-1579 |
Stephen Alexander v. Georgia |
Georgia |
2022-06-22 |
Denied |
Response Waived |
courtroom-closure fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington |
When Defense Counsel errs by not objecting to an improper courtroom closure, should reviewing courts apply a "fundamental unfairness" test, or the tra… |
| 21-8141 |
Christopher G. Poeschl v. Foundation Building Materials, LLC, et al. |
Colorado |
2022-06-15 |
Denied |
IFP |
appellate-review civil-procedure due-process evidentiary-sufficiency expert-testimony judicial-discretion legal-fraud perjury prejudice structural-error trial-procedure trial-procedures |
Whether or not fraud, solidified the Colorado Appeals Affirmation specific but not limited to, transcripts and the number of pages thereof; and Its fu… |
| 21-8117 |
Xavier Jamaal Orange v. United States |
District of Columbia |
2022-06-10 |
Denied |
Response WaivedIFP |
counsel-error criminal-procedure ineffective-assistance ineffective-assistance-of-counsel molina-martinez molina-martinez-v-united-states prejudice sentencing sentencing-guidelines |
Due to defense counsel's deficiency, petitioner was sentenced based on an incorrect Sentencing Guidelines range (57 months, using a range of 46-57 mon… |
| 21-8039 |
George Munoz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review criminal-homicide criminal-procedure different-outcome evidence-limitation ineffective-assistance-of-counsel jury-instructions motion-for-new-trial prejudice reasonable-likelihood trial |
the coud of Apperls ened bY yeling Ha A 714| Suebse iy ro} feguied To gre A reyvass Lasheetion of He lesser atinse of cfiakal nesluet Lomicide ube An … |
| 21-7898 |
Emilio Evalio Arenas v. Nevada |
Nevada |
2022-05-17 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing |
(1) After the Supreme Court of Nevada reversed the did the Court Order remanding the petitioner new Amendments Fire, Six, and Fourteen?
(2) Did the S… |
| 21-7767 |
Michael Don Billups v. United States |
Fifth Circuit |
2022-05-04 |
Denied |
Response WaivedIFP |
advisory-opinions appellate-review district-court federal-sentencing judicial-discretion prejudice prejudicial-error sentencing-guidelines standard-of-review |
Whether courts of appeals evaluating the prejudicial effect of a Guideline error must accept a district court's claim that the Guidelines exerted no i… |
| 21-7742 |
Marvel Jones v. John M. Carter, et al. |
Eighth Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
civil-procedure court-review criminal-procedure dismissal-without-prejudice federal-rules legal-ruling pleading prejudice res-judicata standing summary-judgment |
Question not identified. |
| 21-7732 |
Oji Konata Markham v. Vicki Janssen, Warden |
Eighth Circuit |
2022-04-27 |
Denied |
IFP |
brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest |
1. Whether the court of appeals properly assess prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation ?
a. Rulings below: T… |
| 21-7662 |
Michael Wayne Cook v. United States |
Fifth Circuit |
2022-04-20 |
Denied |
Response WaivedIFP |
advisory-opinions appellate-review district-court district-court-discretion federal-sentencing judicial-standard prejudice prejudicial-error sentencing-guidelines |
Whether courts of appeals evaluating the prejudicial effect of a Guideline error must accept a district court's claim that the Guidelines exerted no i… |
| 21-1359 |
Robert Corliss v. Crossroads Financing, LLC, et al. |
California |
2022-04-19 |
Denied |
Response Waived |
arbitration arbitration-waiver california-state-court contract-law contractual-rights court-inconsistency equal-treatment equal-treatment-principle litigation-conduct prejudice prejudice-standard waiver |
1. WHETHER "PREJUDICE" TO THE PARTY
OPPOSING ARBITRATION IS EVEN A FACTOR,
LET ALONE THE DETERMINATIVE FACTOR, A
CALIFORNIA STATE COURT OR ANY STATE O… |
| 21-7603 |
Glen S. Evans v. Bill Stange, Warden |
Eighth Circuit |
2022-04-12 |
Denied |
IFP |
4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence |
1. Where the trial court has erred and abused its discretion in
overruling defendant's motion to suppress his statements to
police, and in admitting … |
| 21-7306 |
Jonathan Mota v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
appellant-standard appellate-review circuit-conflict civil-rights criminal-procedure cumulative-error district-court due-process judicial-error legal-prejudice prejudice |
What degree of error and of prejudice must an appellant show
with respect to individuals errors of the district court before those
errors may be consi… |
| 21-7289 |
Katrina Brown v. United States |
Eleventh Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
closing-argument criminal-procedure fair-trial judicial-error motion-for-severance prejudice right-to-counsel severance standby-counsel |
I.
WHETHER THE DISTRICT COURT COMMITTED ERROR BY
ORDERING THE DEFENDANT TO GO FORWARD WITH CLOSING
ARGUMENT WITHOUT STANDBY COUNSEL LANDES BEING
PRESE… |
| 21-7255 |
James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-02 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing |
1)ASTHE T CIR. ERZ IN EFERING TO THE LOWER COUGTS DECISION THAT M2. HOPE TRIAL WAS HELA INTNE PRPPER COUNETY WNEN PROCF WAS PROVIE THAT HIS CBIME DCCU… |
| 21-7181 |
Mary Ellen Samuels v. Janel Espinoza, Warden |
Ninth Circuit |
2022-02-24 |
Denied |
Response WaivedIFP |
california-supreme-court conflict-of-interest due-process ineffective-assistance-of-counsel legal-malpractice performance prejudice prejudice-presumption supreme-court-precedent |
1. Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed wher… |
| 21-7177 |
Maurice O. Byrd, Jr. v. Raymond Byrd, Warden, et al. |
Sixth Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
abandonment-of-appeal conflict-of-interest habeas-corpus ineffective-assistance-of-counsel post-conviction-relief prejudice structural-error |
Does grossly inadequate representation on appeal by appellate counsel, counsel acting after announcing an actual conflict of interest was the basis to… |
| 21-1157 |
Dennis Spencer v. Colorado |
Colorado |
2022-02-22 |
Denied |
Amici (2)Relisted (2) |
attorney-performance conflict-of-interest constitutional-rights cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-representation multiple-clients personal-conflicts prejudice prejudice-standard |
In Cuyler v. Sullivan, 446 U.S. 335 (1980), this Court held that a defendant alleging ineffective assistance of counsel based on a lawyer's conflict o… |
| 21-7109 |
Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2022-02-14 |
Denied |
IFP |
certificate-of-appealability confrontation-clause crawford-v-washington due-process forensic-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice |
Whether, given that the district court's agreement that Mr. Mills was denied the opportunity to confront the forensic analyst in this case, did Mr. Mi… |
| 21-7096 |
Daniel Lee Reed v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-10 |
Denied |
IFP |
6th-amendment certificate-of-appealability constitutional-error habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-bar sixth-amendment |
QUESTION #1). Did the Fifth Circuit Court of Appeals err in denying
Petitioner a Certificate of Appealibility where the record holds a
clear showing… |
| 21-1080 |
Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-02-04 |
Denied |
|
capital-murder constitutional-review extraneous-offense-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudicial-error standard-of-review strategic-decision trial-strategy |
1. Petitioner's trial counsel accidentally opened the
door to devastating extraneous offense evidence.
Could reasonable jurists disagree with the dist… |
| 21-6909 |
Mark Allen Geralds v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2022-01-20 |
Denied |
IFP |
brady brady-materiality cumulative-analysis due-process giglio-violation materiality prejudice prosecutorial-misconduct strickland strickland-prejudice trial-confidence |
1. Whether the materiality inquiry for Brady and the prejudice analysis for Strickland require a cumulative analysis in determining whether confidence… |
| 21-6928 |
Dennis Lee Maxberry v. United States |
Federal Circuit |
2022-01-20 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-violations due-process honorable-discharge insider-trading military-discharge prejudice statutes-of-limitation veterans-affairs veterans-rights |
1. Isn't a questionable claim by the defendant's that the Discharged Peace-time Veteran who had been discharged to a soft landing usually is when the … |
| 21-6846 |
Juan Jose Reynoso v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-13 |
Denied |
IFP |
certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mitigation-evidence prejudice sixth-circuit supervisory-power tenth-circuit trial-counsel |
Whether the Fifth Circuit has "so far departed from the accepted and usual course of judicial proceedings, ... as to call for an exercise of this Cour… |
| 21-6822 |
James Edward Barber v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2022-01-12 |
Denied |
IFP |
aggravating-evidence capital-sentencing ineffective-assistance-of-counsel jury-instructions mental-health-evidence mitigation-evidence prejudice prejudice-standard split-verdict |
This case concerns the prejudice resulting from ineffective assistance of counsel during the penalty phase of a capital case. For petitioner James Bar… |
| 21-6804 |
Timothy Wayne Kemp v. Arkansas |
Arkansas |
2022-01-10 |
Denied |
IFP |
brady-v-maryland brady-violation cone-v-bell criminal-procedure due-process materiality materiality-standard prejudice prosecutorial-misconduct supreme-court-precedent |
Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in confl… |
| 21-6712 |
Jermar Jamie Fuller v. Texas |
Texas |
2021-12-23 |
Denied |
Response WaivedIFP |
criminal-procedure disclosure disclosure-violation due-process exculpatory-evidence prejudice prejudice-inference speedy-trial speedy-trial-analysis |
1. The court of appeals determined that the delay caused by the State's failure to disclose exculpatory evidence did not weigh against the State under… |
| 21-6727 |
Zane Dickinson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
deficient-performance direct-appeal habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel legal-preservation prejudice prejudice-standard reasonable-probability trial-counsel |
Whether a federal habeas petitioner whose trial counsel performed deficiently by failing to preserve a meritorious issue for appeal satisfies the prej… |
| 21-6688 |
Freddie McNeill, Jr. v. Tim Shoop, Warden |
Sixth Circuit |
2021-12-21 |
Denied |
IFP |
brady-claim brady-doctrine brady-v-maryland due-process evidence-suppression judicial-review materiality-standard prejudice prosecutorial-disclosure witness-credibility witness-reliability |
Whether a reviewing court considering a claim under Brady v. Maryland, 373 U.S. 83 (1963), must assess the reliability and credibility of the witnesse… |
| 21-6481 |
General Grant Wilson v. Wisconsin |
Wisconsin |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel prejudice standing third-party-perpetrator wisconsin-law |
1. Whether the limitations that Wisconsin places on a criminal defendant seeking to introduce third-party-perpetrator evidence are consistent with the… |
| 21-6439 |
John Joseph Rushinsky, Jr. v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights criminal-law criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice strickland-standard |
1. May the state, consistent with Due Process, sweepingly criminalize a broad range of conduct embracing both innocent and culpable behavior and assig… |
| 21-6460 |
Truman Jones v. United States |
Third Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal-with-prejudice due-process judicial-discretion prejudice remand sixth-amendment speedy-trial speedy-trial-act statutory-interpretation |
1. Whether the district court's refusal to accurately compute the extent of a Speedy Trial Act violation and to consider the government's district wid… |
| 21-6390 |
Marcial Carrillo-Serna v. United States |
Ninth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-error guidelines-calculation molina-martinez-v-united-states ninth-circuit ninth-circuit-review plain-error plain-error-review prejudice sentencing-guidelines substantial-rights |
When the district court fails to calculate the guideline range at sentencing, whether the defendant may rely on the district court's error alone to sh… |
| 21-6396 |
Tamara Jeune v. United States |
Eleventh Circuit |
2021-11-23 |
Dismissed |
IFP |
circuit-court-conflict circuit-split criminal-procedure criminal-propensity evidence-admissibility federal-rules-of-evidence prejudice prior-bad-acts probative-value propensity-evidence |
How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn… |
| 21-6310 |
Carlos Santos v. Christine Brannon-Dortch, Warden |
Seventh Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split extraneous-information habeas-corpus jury-deliberations prejudice remmer-hearing |
In Remmer v. United States, 347 U.S. 227 (1954), the United States Supreme Court held that when extraneous information enters into a jury's deliberati… |
| 21-6193 |
In Re Roy Allen Nichols |
|
2021-11-04 |
Denied |
IFP |
commerce-clause constitutional-jurisdiction constitutional-law criminal-procedure due-process federal-criminal-power habeas-corpus prejudice recurrent-issues sixth-circuit territorial-limits |
The Defendant/Petitioner states that the issues being presented in this Writ are not only ones of great public interest or Constitutional importance, … |
| 21-6074 |
Nikolas Gacho v. Illinois |
Illinois |
2021-11-01 |
Denied |
IFP |
criminal-procedure due-process ineffective-assistance plea-admonishment plea-negotiations prejudice sixth-amendment |
I.
Does a plea admonishment cure all prejudice and preclude
a defendant from challenging counsel's representation
during the plea negotiations process… |
| 21-6141 |
Kenneth Pettway, Jr. v. United States |
Second Circuit |
2021-11-01 |
Denied |
Response WaivedIFP |
conflict-of-interest due-process government-delay judicial-appointments prejudice speedy-trial |
1. When the government successively supersedes an indictment, fails to appoint Article III judges, does not run a thorough conflict check of a protect… |
| 21-617 |
Christopher N. Payne v. Jahal Taslimi, et al. |
Fourth Circuit |
2021-10-27 |
Denied |
Amici (2)Response Waived |
circuit-split civil-rights constitutional-rights due-process fourth-amendment inmate-privacy medical-confidentiality penological-interests prejudice privacy qualified-immunity |
Do inmates have a constitutional right to privacy in their HIV status, as the Second, Third, and Sixth Circuits have held (subject to legitimate penol… |
| 21-6011 |
Robert Leslie Stencil v. United States |
Fourth Circuit |
2021-10-20 |
Denied |
Response WaivedIFP |
adversarial-defendant clean-energy criminal-procedure defendant-prejudice due-process fraud-intent prejudice severance trial-severance |
Whether due process is violated when a trial court denies a motion to sever the trial, resulting in prejudice to petitioner because an adversarial def… |
| 21-5803 |
Joseph Wayne Attaway, II v. United States |
Ninth Circuit |
2021-09-28 |
Denied |
Response WaivedIFP |
anti-gang due-process fair-trial inflammatory-inference law-enforcement prejudice street-gangs witness-testimony |
Whether Petitioner was denied his due process right to a fair trial when the background testimony of multiple law enforcement witnesses about their an… |
| 21-328 |
Robyn Morgan v. Sundance, Inc. |
Eighth Circuit |
2021-09-01 |
Judgment Issued |
Amici (10)Relisted (2) |
arbitration arbitration-waiver circuit-split contract-law equal-treatment equal-treatment-principle federal-courts litigation-conduct prejudice prejudice-requirement state-courts waiver |
Waiver is the intentional relinquishment of a known right and, in the context of contracts, occurs when one party to a contract either explicitly repu… |
| 21-5420 |
Naim Rasool Muhammad v. Texas |
Texas |
2021-08-20 |
Denied |
IFP |
burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals |
1. Whether a habeas court violates Strickland and decades of this Court's precedent by imposing a "preponderance of the evidence" standard for prejudi… |
| 21-5438 |
Noe Gerardo Morin v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-08-20 |
Denied |
IFP |
brady-disclosure confrontation-clause crawford-standard crawford-v-washington fundamental-fairness hearsay hearsay-statement ineffective-counsel non-testimonial prejudice right-to-confront testimonial |
Mr.Morin alleges that the district court erred by mischaracterizing
• statements from a non-testifying witness, resulting in severe prejudice
agains… |
| 21-63 |
Terrance Miles v. Belinda Sanchez, Acting Warden |
Sixth Circuit |
2021-07-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
evidence evidence-availability government-delay government-responsibility pre-trial-imprisonment prejudice rehabilitation sixth-amendment speedy-trial trial-postponement |
1. Where a defendant's trial is postponed because certain evidence is unavailable, does the government's responsibility for delays in obtaining that e… |
| 21-41 |
James Allen Jackson v. Texas |
Texas |
2021-07-13 |
Denied |
Response Waived |
closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony |
I. Was petitioner denied the effective assistance of counsel when defense counsel failed to object to irrelevant, inflammatory testimony that petition… |
| 20-8462 |
Roderick Napoleon Harris v. Texas |
Texas |
2021-06-30 |
Denied |
IFP |
-habeas-corpus -ineffective-assistance -prejudice-standard -professional-norms -sixth-amendment #NAME? capital-case mitigation-evidence prejudice professional-standards sixth-amendment strickland-v-washington |
1. Whether a habeas court must articulate and apply prevailing professional norms in order to determine whether trial counsel's representation was ine… |
| 20-8424 |
James Erik Godiksen v. United States |
Second Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure |
Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's… |
| 20-8270 |
Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. |
Third Circuit |
2021-06-09 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment |
1. Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having k… |
| 20-8252 |
Timothy James Thompson v. Brandon Kelly, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
default habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion martinez-v-ryan prejudice prejudice-standard trial-counsel trial-judge |
Whether when assessing prejudice to determine if the default of an ineffective assistance of trial counsel claim should be excused under Martinez v. R… |
| 20-8199 |
Isiah Lamonte Brown v. California |
California |
2021-06-03 |
Denied |
Response WaivedIFP |
constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard |
1. What standard of prejudice, if any, must be satisfied to reverse a conviction because trial counsel violated the defendant's fundamental autonomous… |
| 20-8098 |
Mohammad Sohail Saleem v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2021-05-24 |
Denied |
IFP |
abuse-of-discretion appellate-review bias civil-rights constitutional-rights due-process judicial-bias partiality petition-for-rehearing prejudice |
Did the United States Court of Appeals, for the Third District err in denying Mr. Saleem's Petition for Re-Hearing, when such an abuse of discretion w… |
| 20-7952 |
Pablo Bastidas v. Matthew Atchley, Warden |
Ninth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
28-usc-2254(d) alibi-defense certificate-of-appealability constitutional-claim due-process habeas habeas-corpus ineffective-assistance-of-counsel ninth-circuit prejudice |
Is the Ninth Circuit's denial of a COA on Bastidas's ineffective assistance of counsel claim contrary to this Court's jurisprudence? |
| 20-7868 |
Douglas Kelly v. United States |
Third Circuit |
2021-04-28 |
Denied |
IFP |
alleyne-precedent automatic-reversal direct-appeal drug-conspiracy jury-selection prejudice public-trial rico-conspiracy sentencing-enhancement structural-error |
I. In the context of a structural error involving a public trial violation during jury selection, where no trial objection was made but the error was … |
| 20-7823 |
Alan Trowbridge v. Jeffrey Woods, Warden |
Sixth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
appellate-review counsel-deficiency criminal-procedure federal-law habeas-corpus ineffective-assistance-of-counsel judicial-precedent prejudice sixth-amendment sixth-circuit strickland-standard strickland-v-washington |
Did the Sixth Circuit Court of Appeals decide an important question of federal law in a way that conflicts with this Court's holding in Strickland v. … |
| 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… |
| 20-7730 |
Fendi Brooks v. United States |
Third Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
appointments-clause attorney-general constitutional-law constitutional-violation federal-vacancies-reform-act prejudice standing statutory-interpretation structural-violation |
When colorably alleging a structural, constitutional violation, specifically, that an individual illegally exercised the powers of the office of the A… |
| 20-7585 |
Charles D. Bowser v. Kansas |
Kansas |
2021-03-26 |
Denied |
Response WaivedIFP |
bias criminal-procedure due-process judicial-bias north-carolina-v-pearce plea-bargain prejudice sentencing |
Whether this Court should grant certiorari to resolve the issue if the Due Process Clause and North Carolina v. Pearce , 395 U.S. 711, 89 S. Ct. 2072,… |
| 20-7544 |
Demian Dominguez, aka Demain Dominguez v. Brian E. Williams, et al. |
Ninth Circuit |
2021-03-25 |
Denied |
Response WaivedIFP |
cause-of-death certificate-of-appealability effective-counsel ninth-circuit prejudice procedural-default reasonable-jurists |
Whether the Ninth Circuit's order denying a certificate of appealability was clearly erroneous where reasonable jurists could disagree as to whether D… |
| 20-1225 |
Jenean Elizabeth Winston, et al. v. Mark Anthony Walsh |
Eleventh Circuit |
2021-03-05 |
Denied |
Response Waived |
actual-notice affidavit civil-procedure hague-convention prejudice service-of-process |
1) Did the Court of Appeals err by affirming the District Court setting aside the United Kingdom's Central Authority Certificate of Compliance without… |
| 20-1223 |
Johnson & Johnson, et al. v. Gail L. Ingham, et al. |
Missouri |
2021-03-04 |
Denied |
Amici (10) |
civil-litigation civil-procedure consolidation due-process jury-consolidation jury-instructions plaintiffs prejudice trial-procedure |
1. Whether a court must assess if consolidating multiple plaintiffs for a single trial violates due process, or whether it can presume that jury instr… |
| 20-7230 |
Stanley Joseph Thompson v. United States |
Eleventh Circuit |
2021-02-25 |
Denied |
Response WaivedIFP |
constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy |
1. Whether the Sixth Amendment permits criminal
defense counsel to unilaterally concede his client's
guilt before the jury at trial—over the defendant… |
| 20-7231 |
Troy Baker v. United States |
Sixth Circuit |
2021-02-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
background-evidence circuit-split confrontation-clause criminal-procedure evidence-admissibility investigative-context jury-instructions out-of-court-statements prejudice |
Should the Court Grant the Petition to Resolve a Conflict Among the Circuit Courts Over the Propriety of Admitting Out-of-Court Statements That a Defe… |
| 20-1134 |
John Myers v. Ron Neal, Superintendent, Indiana State Prison |
Seventh Circuit |
2021-02-19 |
Denied |
Response Waived |
appellate-review circuit-split criminal-conviction criminal-defense ineffective-assistance-of-counsel prejudice prejudice-analysis standard-of-review strickland-standard strickland-v-washington |
Whether the Seventh Circuit erred by holding, in conflict with at least four other courts of appeals, that to establish prejudice under Strickland v. … |
| 20-7082 |
Edward Bishop v. United States |
Seventh Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
6th-amendment 924(c)-prosecution constitutional-violation constructive-amendment deficient-performance drug-trafficking-crime due-process habeas-corpus indictment-defect ineffective-assistance-of-counsel prejudice vagueness-challenge |
1. Whether Trial Counsel's performance was deficient and whether any errors were prejudicial?
2. Is an indictment defective in a 924(c) prosecution i… |
| 20-7065 |
Anibal Canales, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-02-05 |
Denied |
Amici (2)Relisted (13)IFP |
capital-habeas capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice sixth-amendment Wiggins-v-Smith |
1. For penalty phase ineffective assistance of counsel violations, has Richter "established a substantial likelihood standard for evaluating prejudice… |
| 20-6891 |
Ronald Knight v. Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-01-14 |
Denied |
IFP |
capital-defense capital-sentencing ineffective-assistance ineffective-assistance-of-counsel mental-health mental-health-evidence mitigation-investigation postconviction-relief prejudice strickland-standard strickland-v-washington |
1. Whether trial counsel has an obligation to conduct a comprehensive mitigation investigation when clear red flags suggest compelling mitigation, inc… |
| 20-6862 |
Montecarlos Gant v. United States |
Eighth Circuit |
2021-01-13 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights |
(1) When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic revers… |
| 20-6821 |
Matthew Jamal Jackson v. Texas |
Texas |
2021-01-12 |
Denied |
IFP |
14th-amendment 6th-amendment civil-rights constitutional-rights due-process fourteenth-amendment prejudice pretrial-incarceration public-trial sixth-amendment speedy-trial |
Whether petitioner was denied his Constitutional Right to a Speedy Trial Pursuant to the Sixth and Fourteenth Amendments. Gonzales v. State, 435 S.W.3… |
| 20-6782 |
Juan Carlos Guadron-Rodriguez v. United States |
Fourth Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
cellular-communication civil-procedure criminal-joinder extortion-conspiracy gang-related-crime interstate-facilities joinder prejudice severance travel-act |
1. Do federal joinder laws permit the expansive joinder of two unrelated cases with no factual commonality apart from one defendant's involvement in b… |
| 20-6714 |
Jevonne Martell Coleman v. United States |
Eighth Circuit |
2020-12-29 |
Denied |
Relisted (2)IFP |
appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights |
(1) When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic revers… |
| 20-6703 |
Roberto Antoine Darden, aka Dizz-e, aka Javon v. United States |
Fourth Circuit |
2020-12-23 |
Denied |
Response WaivedIFP |
district-court factual-dispute fourth-circuit government-breach hill-v-lockhart legal-interpretation plea-bargain plea-contract prejudice prejudice-standard |
If the government refused to dispute the factual manifestations of the I.
Petitioner's government breach daim because clause three of the plea
contrac… |
| 20-6654 |
Gabino Romero v. Raymond Madden, Warden |
Ninth Circuit |
2020-12-18 |
Denied |
Relisted (2)IFP |
4th-amendment chain-of-custody civil-rights constitutional-rights due-process evidentiary-rulings fair-trial jury-instructions prejudice search-and-seizure standing |
Whether the District Court of the United States was warranted in dismissing and converting research prior to bench hearing.
Whether the District Cour… |
| 20-793 |
Samir Rafic Khoury v. United States |
Fifth Circuit |
2020-12-11 |
Denied |
Response Waived |
appellate-review criminal-defendant criminal-procedure indictment-dismissal mandamus mandamus-relief post-indictment-delay post-judgment-review prejudice speedy-trial |
Whether a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant's motion to dismiss the indictment on sp… |
| 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… |
| 20-781 |
United States, ex rel. Concilio de Salud Integral de Loíza, Inc., et al. v. J.C. Remodeling, Inc., et al. |
First Circuit |
2020-12-08 |
Denied |
Relisted (2) |
benefit-of-bargain benefit-of-the-bargain circuit-split damages damages-calculation false-claims-act intangible-benefits prejudice tainted-claim-theory treble-damages |
1) Should this Court resolve a circuit split concerning the question as to whether Courts should allow gross trebling damages or net trebling damages … |
| 20-6516 |
Eric Dynell McGadney v. United States |
Eleventh Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines |
Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu… |
| 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… |
| 20-6387 |
Darrin B. Woodard v. United States |
Tenth Circuit |
2020-11-19 |
Denied |
Amici (1)Relisted (7)IFP |
constitutional-rights criminal-procedure due-process government-justification pre-indictment-delay preindictment-delay prejudice prosecutorial-discretion prosecutorial-misconduct tenth-circuit-standard |
Whether, as many courts have held, allowing a prosecution to continue after lengthy and demonstrably prejudicial delay in filing criminal charges offe… |
| 20-692 |
Rosemary Webster, et al. v. Fresenius Medical Care Holdings, Inc., aka Fresenius Medical Care North America |
Sixth Circuit |
2020-11-19 |
Denied |
Response Waived |
appellate-procedure bias civil-procedure due-process fundamental-rights impartial-tribunal judicial-bias prejudice standard-of-review tribunal-neutrality |
1. The Due Process clause of the United States Constitution entitles a person to impartial and disinterested tribunal in civil cases. This neutrality … |
| 20-6352 |
G. N. W. v. New Jersey |
New Jersey |
2020-11-17 |
Denied |
IFP |
criminal-procedure due-process prejudice prosecutorial-misconduct right-to-counsel speedy-trial |
Question not identified. |
| 20-6332 |
Cecil Salyers v. Kentucky |
Kentucky |
2020-11-16 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard |
Did the Kentucky Court of Appeals correctly interpret the Sixth Amendment in holding Petitioner "cannot demonstrate prejudice under Strickland", when … |
| 20-6294 |
Richard L. Sealey v. Benjamin Ford, Warden |
Eleventh Circuit |
2020-11-12 |
Denied |
IFP |
capital-trial continuance continuance-motion due-process ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice trial-court-discretion |
At the penalty phase of Mr. Sealey's capital trial, the State ended its case in aggravation earlier than expected. The defense made a motion for a bri… |
| 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… |
| 20-6268 |
Bryan Keith Roberts v. Texas |
Texas |
2020-11-10 |
Denied |
Response WaivedIFP |
continuous-sexual-abuse criminal-trial criminal-trial-prejudice due-process jury-charge law-enforcement law-enforcement-presence prejudice right-to-fair-trial spectators statutory-interpretation |
Is the presence of a large number of uniformed, under cover, and armed spectators identifiable as law enforcement on the final day of the guilt-innoce… |
| 20-6169 |
Tykei Garner v. United States |
Third Circuit |
2020-10-30 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-trial drug-conviction due-process evidence interstate-commerce interstate-transportation prejudice third-circuit |
Whether the Third Circuit Court of Appeals erred in affirming the District Court's Decision in allowing the Government to use a decade old New York Ci… |
| 20-5961 |
Lemar Gant v. Brian Williams, Sr., et al. |
Ninth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-duty criminal-procedure due-process habeas-corpus ineffective-assistance prejudice state-court-review strickland-v-washington witness-investigation |
Whether the Ninth Circuit erroneously concluded Gant could not establish ineffective assistance of counsel where counsel failed to conduct an independ… |
| 20-5898 |
Roy Eugene Ussery v. Texas |
Texas |
2020-10-02 |
Denied |
IFP |
barker-test barker-v-wingo constitutional-rights defense-theory extraneous-offense-evidence grand-jury ineffective-assistance-of-counsel ineffective-counsel prejudice speedy-trial witness-prejudice |
1) When giving weight to the prejudice factor in a 'Barker' test & the complained of prejudice is the death of a DEFENSIVE witness, but the Court erro… |
| 20-5844 |
Horacio Santamaria, Jr. v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct |
WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE WITH RESPECT TO THE INDICTMENT, INADEQUATE JURY INSTRUCTIONS, PROSECUTORIAL MISCONDUCT… |
| 20-401 |
Devan Pierson v. United States |
Seventh Circuit |
2020-09-28 |
Denied |
|
circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights |
1. What test, if any, should be used to determine whether a constructive amendment impacted a defendant's substantial rights under Rule 52(b)?
2. Wha… |
| 20-5764 |
Rodney Berryman, Sr. v. Robert K. Wong, Warden |
Ninth Circuit |
2020-09-23 |
Granted |
IFP |
counsel-representation dna-evidence ineffective-assistance-of-counsel interlocutory-appeal judicial-error motion-denial new-trial ninth-circuit prejudice pro-se pro-se-motion |
Did the Ninth Circuit error by finding no basis for Interlocutory Appeal, (at 9th Cir. No. 02-80106) And after judgment refusing to allow petitioner t… |
| 20-363 |
Frederick R. Whatley v. Warden, Georgia Diagnostic and Classification Prison |
Eleventh Circuit |
2020-09-17 |
Denied |
Amici (1)Relisted (12) |
circuit-split federal-law habeas habeas-corpus holbrook-v-flynn ineffective-assistance ineffective-assistance-of-counsel prejudice shackling strickland-standard strickland-v-washington |
Does a state court unreasonably apply federal law when, in determining whether a person suffered prejudice as a result of ineffective assistance of co… |
| 20-5712 |
Marcus Vernell Coleman v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process fifth-circuit ineffective-assistance new-trial prejudice right-of-confrontation strickland-standard strickland-v-washington |
1. Did the federal Fifth Circuit Court of Appeal "apply " the correct legal standard in accordance to Strickland's prejudicial prong when petitioners)… |
| 20-5721 |
Sheyna Douprea v. Janel Espinoza, Warden |
Ninth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
battered-woman-syndrome ineffective-assistance ineffective-assistance-of-counsel mental-health post-traumatic-stress-disorder prejudice prejudice-analysis self-defense strickland-standard strickland-v-washington |
Sheyna Douprea was convicted of first degree murder after she stabbed her boyfriend with a pocketknife while he tried to strangle her. At trial, Doupr… |
| 20-5619 |
James Allen Minyard v. North Carolina |
North Carolina |
2020-09-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights |
There was a bona fide doubt as to Petitioner's competence to be tried, due to him becoming stuporous and non-responsive in the second day of his two-d… |
| 20-5489 |
Rodney Lavalais v. United States |
Fifth Circuit |
2020-08-25 |
Denied |
Relisted (3)IFP |
2k2.1(b)(4)(a) appellate-review due-process guilty-plea plain-error-review plea-voluntariness prejudice sentencing-guidelines stolen structural-error |
1. When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic reversa… |
| 20-5452 |
Judy Thorpe v. Justin Swidler, et al. |
New Jersey |
2020-08-21 |
Denied |
IFP |
appellate-division appellate-review certification-denial civil-procedure due-process judicial-discretion judicial-review manifest-error prejudice supreme-court-of-new-jersey trial-court |
Whether it was manifest error and significantly prejudicial for the Supreme Court of New Jersey to Deny Certification and Not Fairly and Equitably Rev… |
| 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… |
| 20-5235 |
Michael D. Bikundi, Sr. v. United States |
District of Columbia |
2020-07-31 |
Denied |
Response WaivedIFP |
criminal-procedure discovery district-court due-process federal-rule-criminal-procedure harmless-error legal-obligation material-violation prejudice prejudicial-error sanction sanctions |
Whether a district court has an obligation to impose a meaningful sanction for a material and highly prejudicial violation of Federal Rule of Criminal… |
| 20-5217 |
David Kelsey Sparre v. Florida |
Florida |
2020-07-30 |
Denied |
IFP |
adolescent-brain-development brain-development constitutional-rights first-degree-murder harmless-error ineffective-assistance-of-counsel juvenile-sentencing prejudice trial-strategy |
1. Whether trial counsel's failure to investigate and execute the defense trial strategy, which would have significantly undermined the State's case f… |
| 19-1432 |
Charles Rainer Sinek v. United States |
Second Circuit |
2020-06-29 |
Denied |
Response Waived |
appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation |
When a district court violates Fed. R. Crim. P. 30 and delivers a jury instruction different than what the parties were told to expect, must a defenda… |
| 19-8833 |
Christopher Mann v. Maryland |
Maryland |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-appeal criminal-procedure ineffective-assistance ineffective-assistance-of-counsel maryland-court-of-appeals prejudice strickland-prejudice strickland-test weaver-precedent weaver-v-massachusetts |
Has the Maryland Court of Appeals abused its discretion by applying Weaver v. Massachusetts(, 137 S. Ct. 1899 (2017)) to mandate looking at the streng… |
| 19-8835 |
Billy Joe Wardlow v. Texas |
Texas |
2020-06-26 |
Denied |
IFP |
capital-murder constitutional-rights federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel prejudice procedural-default procedural-grounds state-court state-habeas-corpus wiggins-claim |
Mr. Wardlow's initial state habeas proceeding was essentially a sham, in which the trial court wholly allowed the prosecutor to determine the course o… |
| 19-8757 |
George W. Gibbs v. Robert LeGrand, Warden, et al. |
Ninth Circuit |
2020-06-19 |
Denied |
Response WaivedIFP |
charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance |
Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous when the court mistakenly concluded Gib… |
| 19-8672 |
Terry Bridges v. Illinois |
Illinois |
2020-06-11 |
Denied |
IFP |
criminal-procedure due-process evidence evidentiary-rules murder-evidence prejudice prejudicial-testimony rehabilitation sentencing trial-court-discretion uncharged-crime |
whether the trial court erred in permitting the state to introduce excessive evidence relating to the murder of keith Slugg, of which Terry Bridges wa… |
| 19-1362 |
Jason Laut v. United States |
Seventh Circuit |
2020-06-11 |
Denied |
|
circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury-clause plain-error prejudice rule-52b substantial-rights |
The Grand Jury Clause of the Fifth Amendment demands "that a court cannot permit a defendant to be tried on charges that are not made in the indictmen… |
| 19-8584 |
Christopher Raynard Kidd v. United States |
Fifth Circuit |
2020-06-02 |
Denied |
Response WaivedIFP |
criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel |
Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial? |
| 19-8140 |
Benjamin Dennerlein v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2020-03-30 |
Denied |
IFP |
attorney-misconduct client-assault due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief pre-trial-conduct prejudice strickland-standard strickland-v-washington |
Ground I. Does Strickland v. Washington, 466 U.S. 668 (1984) prejudice threshold condone the actions of Counsel, Thomas Kurt Fuchel, Sr., Esq. when Co… |
| 19-7971 |
William L. Lewis v. Illinois |
Illinois |
2020-03-12 |
Denied |
Response WaivedIFP |
bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence |
1. Did the trial Code And The Appellate Court error within entering a finding of quilt On a Single count Robbery when the government Cid net Prove pet… |
| 19-7912 |
Ali Mehdipour v. Keith Sweeney, et al. |
Tenth Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
appeal appellate-jurisdiction civil-procedure court-filing dismissal erroneous-ruling fruit-of-the-poisonous-tree judicial-review legal-timeliness prejudice procedural-error review statute-of-limitations timeliness |
1. Does a fruit-of-a-poisonous-tree follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent ru… |
| 19-7883 |
Tyrone Harris, Sr. v. Arkansas |
Eighth Circuit |
2020-03-05 |
Denied |
Response WaivedIFP |
criminal-law criminal-sentencing criminal-statute-conflict due-process habitual-offender judicial-review prejudice prejudice-standard sentencing statutory-interpretation |
Mr. Harris alleges an obvious conflict between the criminal 16-93-609(b), and the habitual offender statute 5-4-501(d)(2), that prohibits the two from… |
| 19-7817 |
Maria de Lourdes Acosta v. United States |
Ninth Circuit |
2020-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-procedure plain-error pre-sentence-report prejudice procedural-error sentencing |
When the district court fails to either order a Pre-Sentence Report or make explicit on-the-record findings as to why a Pre-Sentence Report is unneces… |
| 19-1054 |
Christa Gail Pike v. Gloria Gross, Warden |
Sixth Circuit |
2020-02-25 |
Granted |
Amici (1) |
cumulative-evidence death-penalty eighth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice strickland-standard strickland-v-washington |
1. Whether a defendant who asserts that trial counsel failed to present key evidence is precluded from showing prejudice under Strickland v. Washingto… |
| 19-7711 |
John Patrick Vescuso v. United States |
Ninth Circuit |
2020-02-19 |
Denied |
Response WaivedIFP |
aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing |
When assessing if a defendant was prejudiced by a district court's imposing a sentence greater than the maximum authorized by the charge in the indict… |
| 19-7644 |
George Jones v. Cindy Griffith, Warden |
Eighth Circuit |
2020-02-12 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion |
1. Has prejudice been shown where defense counsel fails to
investigate the credibility of the Defense's expert witness,
causing said expert witness … |
| 19-7530 |
Orando Ricardo Thompson v. Florida |
Florida |
2020-02-03 |
Denied |
Response WaivedIFP |
due-process fairness fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel legal-precedent outcome prejudice sixth-amendment strickland-standard strickland-v-washington trial-review |
1. Whether Strickland v. Washington, 466 U.S. 668 (1984), and its progeny which establishes review of claims of ineffective assistance of counsel, ade… |
| 19-7426 |
Joseph Njonge v. Margaret Gilbert, Superintendent |
Ninth Circuit |
2020-01-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
courtroom-closure prejudice public-trial public-trial-right sixth-amendment trial-procedure triviality-exception voir-dire waller-v-georgia |
Whether the "triviality exception" to the Sixth Amendment public-trial right comports with Waller v. Georgia, 467 U.S. 39 (1984), which provides the s… |
| 19-7407 |
Paula Bennett v. Shawn Brewer, Warden |
Sixth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel |
1. Whether, under Strickland, a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must it in… |
| 19-7371 |
Larry Bentley, Jr. v. United States |
Seventh Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
conflict-of-interest constitutional-law criminal-procedure due-process fourth-amendment narcotics-detection prejudice retroactive-application retroactivity search search-and-seizure |
First, this court has held that the use of a detection device by law enforcement on a citizens person, places, or things without a warrant, which reve… |
| 19-7345 |
Roberto Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-22 |
Denied |
IFP |
circuit-precedent civil-procedure constitutional-law due-process fifth-circuit immigration immigration-status judicial-conflict legal-interpretation precedent prejudice prejudicial-evidence procedural-review |
DID THE FIFTH CIRUIT*S OPINION CONFLICT WITH IT'S OWN PRECEDENT
IN ROJAS V. RICHARDSON REGARDING THE PREJUDICICAL NATURE OF A
PARTY'S IMMIGRATION STAT… |
| 19-7359 |
Danny Guzman-Correa v. United States |
First Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel jury-consultant lafler-v-cooper missouri-v-frye prejudice public-trial public-trial-violation |
1. Whether reasonable jurist could find it debatable
that Petitioner's public-trial violation warranted ..
reversal at the minimum for an evidentiar… |
| 19-7329 |
Jamaar Jerome Williams v. Jo Gentry, Warden, et al. |
Ninth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
alibi-witnesses habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan ninth-circuit ninth-circuit-review post-conviction-litigation post-conviction-relief prejudice prejudice-analysis |
Whether the Ninth Circuit erred when it concluded Williams had failed to establish prejudice under Martinez v. Ryan because the record clearly shows W… |
| 19-7276 |
Ketut Pujayasa v. United States |
Eleventh Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
appeal appellate-procedure appellate-review civil-procedure civil-procedure-rules due-process judicial-discretion prejudice prisoner prisoner-litigation prisoner-rights pro-se pro-se-litigant rule-4a6 time-limitation timeliness |
Did the District court and Appellate Court err in concluding that Mr. Pujayasa's Motion to Re-Open Time to File Appeal (6) motion, which was sent on F… |
| 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… |
| 19-7138 |
Michael Blankenship v. United States |
Fourth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony |
1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab… |
| 19-7151 |
Erick David Lopez v. United States |
Ninth Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial due-process evidence evidence-admission fifth-amendment free-speech ninth-circuit prejudice rap-poem sixth-amendment |
Whether the Ninth Circuit's sanctioning of the admission of a vile and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not w… |
| 19-7089 |
Jonathan Cruz-Ramirez v. United States |
Ninth Circuit |
2019-12-30 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process evidence evidence-admission fifth-amendment first-amendment juvenile-evidence prejudice prejudicial-error sixth-amendment |
Whether the Ninth Circuit's sanctioning of the admission of a vile
and obscenity-laced rap poem found inside the purse of a 16-year-old girl and not
w… |
| 19-7009 |
Daniel Rosario-Gonzalez v. United States |
First Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
appeal appellate-review case-disposition civil-procedure dismissal dismissal-with-prejudice district-court judicial-authority jurisdiction prejudice procedural-error standing subject-matter-jurisdiction |
WHETHER A DISTRICT COURT WHICH HAD NO JURISDICTION OVER A CASE
DISMISS IT WITH PREJUDICE AND,
WHETHER AN APPEAL COURT AFFIRM THAT DISMISSAL WITH PREJU… |
| 19-775 |
In Re Philippe Buhannic |
|
2019-12-17 |
Denied |
Response Waived |
access-to-courts appeal appeal-rights bias constitution constitutional-rights due-process due-process-clause-of-the-14th-amendment equal-protection federal-court foreign-litigant judicial-bias prejudice pro-se-litigant pro-se-representation |
Whether the Federal court has the right based on an obvious prejudice and bias to refuse due process to a foreign pro se litigant. The denial is so ob… |
| 19-6923 |
Adrian Alaniz v. Scott Frauenheim, Warden |
Ninth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review |
I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " i… |
| 19-6880 |
Gregory Bartunek v. United States |
Eighth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
collateral-relief constitutional-rights criminal-procedure due-process exceptional-circumstances habeas-corpus prejudice prejudice-standard speedy-trial |
IS AN AFFIRMATIVE DEMONSTRATION OF PREJUDICE TO THE ACCUSED'S ABILITY TO DEFEND HIMSELF ESSENTIAL TO PROVE THE DENIAL OF HIS RIGHT TO A SPEEDY TRIAL?
… |
| 19-6843 |
James Rice v. Wanza Jackson-Mitchell, Warden |
Sixth Circuit |
2019-12-04 |
Denied |
Response WaivedIFP |
6th-amendment barker-factors barker-v-wingo constitutional-rights habeas-corpus ineffective-assistance prejudice sixth-amendment speedy-trial unreasonable-application |
1. Was Petitioner James Rice denied the right to a speedy trial in the state courts? The Sixth Amendment to the Constitution of the United States guar… |
| 19-645 |
Arizona v. Hector Sebastion Nunez-Diaz |
Arizona |
2019-11-19 |
Denied |
Amici (1) |
criminal-procedure deportation immigration immigration-law lee-v-united-states legal-prejudice padilla-claim padilla-v-kentucky prejudice strickland-standard strickland-v-washington unauthorized-alien |
1. Whether Respondent is categorically barred from establishing Strickland prejudice for a Padilla/Lee claim because, as an unauthorized alien, he is … |
| 19-620 |
Christian K. Narkiewicz-Laine v. Kevin C. Doyle, et al. |
Seventh Circuit |
2019-11-14 |
Denied |
Response Waived |
civil-procedure common-law copyright criminal-conviction damages prejudice prejudicial-evidence prior-criminal-conviction state-common-law statutory-damages visual-artists-rights-act |
Is a plaintiff prevented from collecting statutory damages under the Visual Artists Rights Act as well as under state common-law for damages to the sa… |
| 19-6395 |
V. A. C. v. J. L. W. |
Texas |
2019-10-28 |
Denied |
IFP |
civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion |
1) If it can be proven, leaving absolutely 'No-Doubt', that the relied upon convi
ctions, in regard to a Termination of Parental Rights action, is un… |
| 19-6402 |
Omar Villarreal Silva v. United States |
Fourth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
actual-prejudice collateral-attack criminal-procedure customs-and-border-protection deportation due-process immigration immigration-law prejudice removal-proceedings |
A defendant charged with illegally reentering the United States after deportation or removal has a right under United States v. Mendoza-Lopez, 481 U.S… |
| 19-6373 |
Casey Dullea Peppin v. Washington |
Washington |
2019-10-24 |
Denied |
Response WaivedIFP |
art constitutional-interpretation copyright court-determination due-process effective-assistance-counsel effective-assistance-of-counsel evidence file-sharing jurisdiction legal-error prejudice sexually-explicit-material source-code |
1. Did The Washington State Court of Appeals and the Supreme Court of Washington Error by granting as fact that the defendant shared files with the Pu… |
| 19-6351 |
Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel |
Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i… |
| 19-6252 |
Edinson Herrera Ramirez v. Maryland |
Maryland |
2019-10-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review biased-jury criminal-procedure discretion ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jury-selection legal-standard maryland-court-of-appeals peremptory-challenge peremptory-strike prejudice |
WHETHER THE MARYLAND COURT OF APPEALS ERRED AND ABUSED ITS DISCRETION IN HOLDING THAT PETITIONER HAD RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL BY COU… |
| 19-6256 |
Jason Simon v. United States |
Fifth Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
acquitted-conduct due-process false-accusation habeas-corpus-relief judicial-discretion prejudice presentence-report sentencing sentencing-enhancement standard-of-proof statutory-maximum uncharged-conduct |
Did the lower courts err by relying on a false accusation listed in the PSR, that was verified as false, as the sole basis for not only imposing a sta… |
| 19-6141 |
Donnie Ray Jose v. United States |
Ninth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy |
When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o… |
| 19-6101 |
Raymond Eugene Johnson v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-09-30 |
Denied |
IFP |
aggravating-circumstances capital-sentencing death-penalty factfinder harm lockett-v-ohio mitigating-circumstances prejudice |
1. Should the Court recalibrate the frameworks for judging the prejudice or harm of capital sentencing errors in jurisdictions where the factfinder ma… |
| 19-6023 |
Jeffrey Guy Ringle v. Shane Jackson, Warden |
Sixth Circuit |
2019-09-23 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation confrontation-clause due-process false-testimony giglio-standard giglio-v-united-states habeas-corpus ineffective-assistance miranda-rights prejudice withholding-evidence |
Did the majority below err in applying this court's decision in Giglio v. United States to hold that Petitioner could not show prejudice, solely becau… |
| 19-5980 |
In Re Sang Hing Wong, Jr. |
|
2019-09-17 |
Denied |
IFP |
attorney-misconduct body-worn-camera case-file civil-rights constitutional-rights discovery due-process evidence-destruction fair-hearing fair-trial prejudice |
Question not identified. |
| 19-336 |
Keith Chester Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-12 |
Denied |
Response Waived |
capital-sentencing discretionary-sentencing fifth-circuit glover-v-united-states habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis reasonable-probability sentencing strickland-standard strickland-v-washington |
Whether the court of appeals erred in holding that, to demonstrate that counsel was ineffective at a state, non-capital, discretionary sentencing proc… |
| 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. |
| 19-5786 |
Joshua George Nowland v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-03 |
Denied |
IFP |
appellate-jurisdiction barker-v-wingo civil-rights constitutional-rights criminal-procedure due-process judicial-review jurisdiction prejudice pretrial-detention speedy-trial |
Is oppressive pretrial incarceration still an important part of the Barker balancing test for Speedy Trial?
Of the Barker analysis when judging const… |
| 19-227 |
Adnan Syed v. Maryland |
Maryland |
2019-08-21 |
Denied |
Amici (3) |
constitutional-review criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-review jury-disbelief jury-evaluation prejudice prejudice-analysis standard-of-review state-case-presentation state-prosecution strickland-standard strickland-v-washington |
Whether a court evaluating prejudice under Strickland v. Washington, 466 U.S. 668 (1984), must take the State's case as it was presented to the jury, … |
| 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… |
| 19-183 |
Mark Douglas Robison v. Texas |
Texas |
2019-08-09 |
Denied |
Response Waived |
criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis sixth-amendment strickland-standard strickland-v-washington trial-fairness trial-outcome |
In considering whether a criminal-defense attorney's deficient performance was prejudicial under Strickland v. Washington, 466 U.S. 668 (1984), is all… |
| 19-5465 |
Isela Alejandra Campos v. United States |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure district-court district-court-error guideline-range guidelines molina-martinez plain-error plain-error-review prejudice prejudice-standard sentencing sentencing-guidelines |
When the district court fails to calculate the Guideline range at sentencing, whether the defendant may rely on the district court's error alone to sh… |
| 19-5354 |
Raheem Brown v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. |
Third Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-ruling eyewitness-testimony habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice strickland strickland-standard strickland-v-washington subpoena |
Did the United States Court of Appeals for the Third Circuit (Third Circuit) err and abuse its discretion by refusing to grant Petitioner a Certificat… |
| 19-5281 |
Ronald Wesley Jiles v. Michigan |
Michigan |
2019-07-23 |
Denied |
IFP |
criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination |
WHETHER A DEFENDANT'S RIGHT TO EXERCISE HIS FIFTH AMENDMENT RIGHT WHILE IN OPEN COURT, COMMENTED ON BY THE PROSECUTION TO THE JURY DURING CLOSING WAS … |
| 19-5220 |
Hernardo Medina-Villegas v. United States |
First Circuit |
2019-07-19 |
Denied |
Response WaivedIFP |
constitutional-claims due-process prejudice reasonableness sixth-amendment constitutional-rights due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel legal-standard prejudice reasonableness-standard sixth-amendment standard-of-reasonableness |
This Case involves the Trial and Appellate Counsels Performance falling Below an objective Standard of Reasonableness, that prejudice the Petitioner.
… |
| 19-5232 |
Ricky Ray Malone v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-07-18 |
Denied |
IFP |
chapman-standard chapman-v-california constitutional-violation criminal-procedure cumulative-error cumulative-error-analysis federal-law harmless-error harmlessness-review plain-error plain-error-review prejudice prejudice-component |
1. Where plain error review includes a built-in prejudice component, is subjecting an acknowledged plain error to a second round of harmlessness revie… |
| 19-5072 |
Troy Lee Bridges v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-03 |
Denied |
Relisted (2)IFP |
batson-challenge certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel peremptory-strikes prejudice prosecutorial-misconduct standard-of-review voir-dire |
Did the Fifth Circuit err in deferring to the Federal court finding that Mr. Bridges was not prejudiced by his findings and the prosecutors conduct du… |
| 19-5020 |
Khaleefa Lambert v. Darren Settles, Acting Warden |
Sixth Circuit |
2019-07-01 |
Denied |
IFP |
criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel |
Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial… |
| 19-5009 |
Keon Anthony Nixon v. United States |
Tenth Circuit |
2019-06-28 |
Denied |
Response WaivedIFP |
balancing-test barker-v-wingo constitutional-rights criminal-procedure due-process post-indictment-delay prejudice right-to-counsel sixth-amendment speedy-trial speedy-trial-right |
Whether a defendant's "failure to invoke the right to a speedy trial would be weighed heavily against him," despite "his lack of representation," and … |
| 19-5010 |
Andrew Nelson v. United States |
Eleventh Circuit |
2019-06-28 |
Denied |
IFP |
18-usc-924(c) appellate-review continuance criminal-procedure due-process fed-r-crim-p-52a federal-rules-of-criminal-procedure harmless-error judicial-error prejudice right-to-counsel sentencing substantial-rights trial-continuance vagueness-doctrine |
1. Where the district court erroneously premises its denial of a meritorious,
unopposed motion for continuance of the trial on a mistaken belief that … |
| 18-9820 |
Jonathon Loyd Edick v. Michigan |
Michigan |
2019-06-26 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel judicial-bias legal-prejudice prejudice prosecutorial-misconduct standing trial-procedure |
I petitioner entitled to relief where Wis constitutiove rights are were viclated by receivling Ineffertive Asststal of cousel at the trial court level… |
| 18-9790 |
Alexander Monzoni v. United States |
Ninth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-sentencing guideline-calculation guidelines judicial-review molina-martinez plain-error plain-error-review prejudice prejudice-prong sentencing sentencing-guidelines |
Should the Court address the division of circuit authority over application of the prejudice prong of plain-error review for Guideline error as set ou… |
| 18-9744 |
Landon Quinn v. Darrel Vannoy, Warden |
Louisiana |
2019-06-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-conviction due-process ineffective-assistance ineffective-assistance-of-counsel non-unanimous-verdict nonunanimous-verdict prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether the fact that a criminal conviction was returned by a nonunanimous verdict is relevant to a court's consideration of the prejudice prong of St… |
| 18-9754 |
Daniel Teitelbaum v. Neil Turner, Warden |
Sixth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
brady-violation constitutional-violation dna dna-evidence due-process fbi-codis-database guilty-verdict ineffective-assistance ineffective-counsel jury-unanimity new-evidence prejudice procedural-default prosecutorial-misconduct |
1. DNA, NEW EVIDENCE
a. Did flaws in the FBI's CODIS DNA database prejudice the defendant and lead to
a guilty verdict?
b. Is the discovery of flaws … |
| 18-9598 |
James W. Guy v. Ohio |
Ohio |
2019-06-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-speech jury-bias jury-selection prejudice religion religious-discrimination religious-freedom sixth-amendment |
Did the trial court violate a Muslim defendant's Constitutional Rights under the First, Fifth and Fourteenth Amendments to the United States Constitut… |
| 18-9556 |
Charles R. Willard v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-06-05 |
Denied |
IFP |
certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment |
1. Is the low threshold for a certificate of appealability ("COA") met on a claim that trial counsel provided prejudicially deficient performance when… |
| 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… |
| 18-1453 |
Mitra Rangarajan v. Johns Hopkins University, et al. |
Fourth Circuit |
2019-05-22 |
Denied |
Response Waived |
attorney-misconduct attorney-responsibility circuit-split civil-procedure discovery discovery-violations dismissal federal-civil-procedure federal-procedure prejudice rule-37 sanctions warning |
Before this Honorable Court is the question of when it is appropriate to dismiss an action for discovery violations under Fed. R. Civ. P. 37, in light… |
| 18-9151 |
Blake Joseph Sandlain v. United States |
Sixth Circuit |
2019-05-06 |
Denied |
Response WaivedIFP |
6th-amendment appellate-counsel capital-punishment criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prejudice successive-petition |
Question not identified. |
| 18-9120 |
Russell Frey v. Illinois |
Illinois |
2019-05-03 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-sexual-assault cumulative-error due-process effective-assistance-of-counsel evidentiary-issues fair-trial harmless-error ineffective-assistance-of-counsel jury-trial prejudice right-to-counsel |
1.)Does the defendant Russel' Frey deserve a new trial or conviction vacated based on counsels overall health and his performance overall violated def… |
| 18-9026 |
Arrez Meliton-Salto v. United States |
Ninth Circuit |
2019-04-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court guidelines-range molina-martinez-v-united-states plain-error prejudice record-silence sentencing sentencing-guidelines |
When the district court fails to calculate the guideline range at sentencing, whether the defendant may rely on the district court's error alone to sh… |
| 18-9002 |
David Curtis Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
aedpa de-novo-review ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
Whether the Petitioner was prejudiced under the Sixth Amendment due to trial counsel's failure to object to a concededly erroneous jury instruction an… |
| 18-8912 |
Cirilo Flores v. United States |
Third Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea |
(1) WHETHER OR NOT THE GUILTY PLEA ENTERED WAS LEGAL WHENPETITIONER DID NOT FULLY UNDERSTAND, KNOW OR INTELLIGENTLY ACCEPT VOLUNTARY THE GUILTY PLEA A… |
| 18-8855 |
Eric A. Hicks v. United States |
District of Columbia |
2019-04-16 |
Denied |
Response WaivedIFP |
appellate-review constitutional-error criminal-procedure guidelines molina-martinez molina-martinez-standard molina-martinez-v-united-states prejudice prejudice-standard procedural-default sentencing sentencing-guidelines |
Whether the court of appeals' decision conflicts with this Court's decision in Molina-Martinez v. United States, 136 S. Ct. 1338 (2016), in concluding… |
| 18-8655 |
Nicholas Ryan Holloway v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2019-04-01 |
Denied |
Response WaivedIFP |
appellate-attorney appellate-review ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-counsel prejudice prejudice-analysis sixth-amendment sixth-amendment-right-to-counsel strickland-standard trial-counsel |
Mr. Holloway alleges that his post-conviction counsel's ineffectiveness prejudiced the defense when he failed to seek suppression of incriminating evi… |
| 18-8590 |
Harlin Argelio Ramos v. Utah |
Utah |
2019-03-27 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense |
Did the utah appellate Caurt err in holding that
the erroneous jury instruetion, which impermissibly
shifted the biurden of proof onto Petitioner/Defe… |
| 18-8570 |
Damien Preston v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. |
Third Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
circuit-court-conflict circuit-court-decisions confrontation-rights constitutional-claims constitutional-violation harmless-error ineffective-assistance jury-determination prejudice sixth-amendment strickland-standard strickland-v-washington |
THE QUESTIONS PRESENTED WAS CREATED AS A RESULT OF THE THIRD CIRCUIT COURT OF APPEALS THREE JUDGE PANEL, MADE A PRECEDENTIAL DECISION, THAT THE PETITI… |
| 18-8547 |
Zachary Joseph Biggs v. Washington |
Washington |
2019-03-25 |
Denied |
IFP |
appellate-review criminal-intent criminal-procedure diminished-capacity first-degree-rape ineffective-assistance ineffective-assistance-of-counsel mens-rea ninth-circuit prejudice |
Mr. Biggs alleged that his trial counsel was ineffective for failing to raise the defense of diminished capacity. The facts and evidence in the record… |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestio… |
| 18-8501 |
Mohammed Bah v. United States |
Eleventh Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
constitutional-law deportation-consequences guilty-plea immigrant-rights immigration ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice |
1. Does an analysis of prejudice in the context of ineffective assistance of counsel involving the guilty plea of an immigrant result in a unreasonabl… |
| 18-8516 |
John E. Drummond v. Ohio |
Ohio |
2019-03-21 |
Denied |
IFP |
appellate-review civil-procedure collateral-appeals collateral-review direct-appeal due-process forum judicial-procedure legal-remedy precedent prejudice records standing |
I. Is the state required to provide a defendant a forum to litigate a due process claim that can only be effectively presented by combining the record… |
| 18-8482 |
Lourdes Margarita Garcia v. United States |
Eleventh Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure |
The district court ordered the government, at a critical stage of the trial, to present inculpatory and disputed evidence in the absence of the defend… |
| 18-8386 |
Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections |
Ninth Circuit |
2019-03-12 |
Denied |
Amici (1)IFP |
capital-punishment capital-sentencing evidentiary-hearing fact-finding federal-habeas federal-habeas-corpus habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairment prejudice strickland-standard strickland-v-washington |
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypas… |
| 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… |
| 18-1169 |
John Stephen Thorne v. Union Pacific Corporation, et al. |
Fifth Circuit |
2019-03-08 |
Denied |
Response Waived |
civil-procedure declaratory-judgment equitable-defense equitable-defenses equity judicial-remedy laches legal-claims limitations-period prejudice property-rights statute-of-limitations stock-ownership texas-law |
Thorne initiated a declaratory judgment action seeking inter alia declarations that he owned the stock certificate issued by a predecessor-in-interest… |
| 18-1156 |
Morgenthau Venture Partners, LLC, et al. v. Robert A. Kimmel |
Florida |
2019-03-06 |
Denied |
|
appellate-review arbitration blanket-order circuit-split federal-arbitration-act kpmg-llp-v-cocchi motion-to-compel prejudice prejudice-standard standing waiver waiver-defense |
1) Whether the Florida court of appeal's one-word refusal to compel arbitration disregards this Court's decision in KPMG LLP v. Cocchi, 565 U.S. 18 (2… |
| 18-8291 |
Juanita Garcia v. Deborah Johnson, Warden |
Ninth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure evidence habeas habeas-corpus ineffective-assistance-of-counsel prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington |
In order to obtain federal habeas relief for a violation of the Sixth Amendment right to the effective assistance of counsel, Strickland v. Washington… |
| 18-8238 |
Rafael Gomez Uranga v. United States |
Eleventh Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
barker-v-wingo circuit-split constitutional-rights due-process government-delay government-negligence governmental-negligence gross-negligence prejudice sixth-amendment speedy-trial united-states-v-doggett |
The question presented here is whether a speedy trial delay caused exclusively by the gross negligence of the Government weighs heavily against the Go… |
| 18-8053 |
Malcolm Roland Allen v. United States |
Fourth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
18-usc-3006a 6th-amendment career-offender due-process ineffective-assistance ineffective-counsel judicial-proceedings notice-of-appeal prejudice sentencing-guideline sentencing-guidelines |
WHETHER at the time of evidentiary hearing was granted to challenge the ineffective counsel's failure to file a Notice of Appeal per Petitioner's requ… |
| 18-7868 |
Charles L. Burgett v. The General Store No. Two, Inc., dba Marsh's Sunfresh Market, et al. |
Eighth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
civil-procedure discovery-order dismissal due-process judicial-discretion lesser-sanctions prejudice procedural-fairness sanctions |
Whether the district court is required to provide the sanctioned party with adequate due process before dismissing the lawsuit?
Whether the imposed s… |
| 18-7732 |
James B. Curry v. Supreme Court of the United States, et al. |
Fourth Circuit |
2019-02-04 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process obstruction prejudice standing |
Question not identified. |
| 18-7713 |
Darnell Grimsley v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. |
Third Circuit |
2019-02-01 |
Denied |
Response WaivedRelisted (2)IFP |
ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-default prosecution-misconduct prosecutorial-misconduct sequestration sequestration-order sufficiency-of-evidence trial-testimony violation-of-sequestration-order |
Mr. Grimsley alleges that his trial counsel was ineffective for failing to have a face to face visit prior to his second trial, after receiving crucia… |
| 18-7721 |
Laron Darrell Carter, aka Birdd, aka Gardena Pimpin Birdd, aka Garr Birdd, aka Pi Birdd, aka Pi Pimpin Birdd v. United States |
Ninth Circuit |
2019-02-01 |
Denied |
Relisted (2)IFP |
criminal-procedure double-jeopardy dual-sovereignty-doctrine federal-prosecution prejudice prejudice-showing rule-48(b) rule-48b separate-sovereign-doctrine separate-sovereign-exception state-prosecution |
In Gamble v. United States, 138 S. Ct. 2707 (2018), this Court is considering whether the separate sovereign exception to the Double Jeopardy Clause s… |
| 18-7544 |
Briand Williams v. California |
California |
2019-01-24 |
Denied |
Response WaivedIFP |
appellate-counsel appellate-procedure appellate-record due-process equal-protection ineffective-assistance plea-bargain prejudice statute-of-limitations strickland-standard |
When the Appointed Counsel on Direct appeal is a thorn to the perfection of that appeal and falls below the standard of Strickland vs. Washington (198… |
| 18-7497 |
Carl Burnie Wellborn v. Shane Jackson, Warden |
Sixth Circuit |
2019-01-18 |
Denied |
Response WaivedIFP |
fair-cross-section fundamental-fairness fundamental-unfairness habeas-corpus prejudice procedural-default sixth-amendment structural-error |
(1) Can reasonable jurists debate whether habeas petitioners asserting procedurally defaulted fair cross-section claims must show actual prejudice or … |
| 18-7452 |
Herminio Garcia-Carillo v. United States |
Ninth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,equal-protection,immigration,prejudice equal-protection fair-trial free-speech immigration immigration-bias impartiality jury-selection prejudice voir-dire |
Whether the district court abused its discretion in rejecting Garcia's proposed voir dire questions regarding potential racial and ethnic bias against… |
| 18-7464 |
Carlton E. Gary v. Florida |
Florida |
2019-01-16 |
Denied |
IFP |
competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence |
I). Dr. Merin, had not made contact with a witness to the Criminal charges. The Credibility of her report would have been considered proper.
2). Can … |
| 18-7434 |
Christopher Adin Graham v. United States |
Ninth Circuit |
2019-01-15 |
Denied |
Response WaivedIFP |
28-usc-2253 appellate-procedure certificate-of-appealability closing-argument counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-standard prejudice testimony |
Whether the court of appeals correctly denied petitioner a certificate of appealability under 28 U.S.C. 2253(c) on his ineffective assistance of couns… |
| 18-7356 |
Jack Gossett v. United States |
Fifth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial-procedure defendant-rights due-process expert-testimony government-agent-testimony jury-influence prejudice reasonable-doubt reversible-error substantial-rights untendered-expert-testimony |
Did the testimony of a government agent, having not been tendered as an expert witness after interpreting and explaining events that he DID NOT observ… |
| 18-7292 |
Marco Whitley, Sr. v. United States |
Eighth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
attorney-client-privilege attorney-client-relationship crime-of-violence criminal-law due-process eighth-circuit prejudice second-degree-robbery sentencing sixth-amendment violent-crime |
Did the Eighth Circuit err by holding Missouri's Second Degree Robbery is always considered to necessarily be a crime of violence?
Did the Eighth Cir… |
| 18-856 |
Serge Antonin v. Baltimore Police Department |
Maryland |
2019-01-04 |
Denied |
Response Waived |
accardi-v-shaughnessy administrative-hearing administrative-law constitutional-law due-process evidence law-enforcement police-misconduct prejudice procedural-rights state-agency state-agency-regulations |
Whether United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954) is constitutional law binding upon the State of Maryland?
Where a state age… |
| 18-7051 |
Jacqueline Lenorlia Taylor v. CVS Caremark Corporation |
Fourth Circuit |
2018-12-14 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights civil-rights-act civil-rights-defense dismissal due-process equal-access failure-to-prosecute prejudice public-accommodations standing title-ii |
1. Did The General District Court, Fourth Circuit, err in its dismissal of
Plaintiffs case for her alleged failure to prosecute her case and pose an
i… |
| 18-7028 |
Jameel Simpson v. James Erkerd, et al. |
Third Circuit |
2018-12-13 |
Denied |
Response WaivedIFP |
actual-innocence conflict-of-interest constitutional-rights criminal-defense criminal-procedure effective-assistance effective-assistance-of-counsel prejudice sixth-amendment wrongful-conviction |
PETITIONER JAMEEL SIMPSON WAS DENIED HIS RIGHTS UNDER THE SIXTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO EFFECTIVE ASSISTANCE … |
| 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… |
| 18-742 |
Brandon Washington v. Alabama |
Alabama |
2018-12-11 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-review cumulative-effect cumulative-error due-process ineffective-assistance performance prejudice prejudice-analysis right-to-counsel strickland-standard strickland-v-washington trial-counsel trial-counsel-errors |
Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a court assessing the prejudice resulting from trial counsel's errors should consider ea… |
| 18-749 |
JoEllen Mary Crossett v. Michigan |
Michigan |
2018-12-11 |
Denied |
|
conflicts-of-interest constitutional-rights due-process effective-assistance-of-counsel impartial-jury ineffective-assistance-of-counsel juror-bias jury-selection peremptory-challenges prejudice sixth-amendment state-and-federal-rights trial-procedure |
Was Petitioner denied her state and federal rights to the effective assistance of counsel, and did Michigan Court of Appeals err when it confirmed wit… |
| 18-6847 |
Sergio Antonio Haro v. United States |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
effective-assistance-of-counsel evidentiary-hearing government-agent-reports impeachment impeachment-of-credibility magistrate-judge magistrate-judge-plea-negotiations plea-negotiations prejudice pro-se pro-se-habeas sixth-amendment |
I Was the petitioner denied his Sixth Amendment right to the effective assistance of counsel based on trial counsel's failure to effectively use gover… |
| 18-6806 |
Eliana Sarmiento v. United States |
Second Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-procedure-speedy-trial-act dismissal harmless-error indictment-dismissal judicial-discretion prejudice speedy-trial-act statute-interpretation statutory-interpretation |
1. Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a d… |
| 18-6778 |
DeAngelo Horn v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
certificate-of-appealability deficient-performance eleventh-circuit habeas-corpus ineffective-assistance-of-counsel prejudice reasonable-jurists standard-of-review statutory-interpretation |
In cases such as Rompilla v. Beard, 545 U.S. 374 (2005), and Wiggins v. Smith, 539 U.S. 510 (2003), this Court found deficient performance where trial… |
| 18-6762 |
Edward Louis Thomas v. Texas |
Texas |
2018-11-20 |
Denied |
IFP |
criminal-procedure cumulative-error due-process habeas-corpus harrington-v-richter hinton-v-alabama ineffective-assistance-counsel ineffective-assistance-of-counsel prejudice standard-of-review strickland-standard strickland-v-washington |
DID THE TEXAS COURT OF CRIMINAL APPEALS APPLY THE WRONG STANDARD OF REVIEW IN ANALYZING THE CLAIM OF DEFICIENT PERFORMANCE BY TRIAL COUNSEL?
DID THE … |
| 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 … |
| 18-605 |
Mitchell J. Stein v. California |
California |
2018-11-08 |
Denied |
Response Waived |
civil-litigation civil-procedure constitutional-law declaratory-relief due-process due-process-clause harmless-error judicial-review prejudice structural-error |
When a fundamental structural error results in
an invalid judgment against a civil litigant in violation of the Due Process Clause, is the error per s… |
| 18-6629 |
William Randolph Harloff v. Craig Koenig, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony |
Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination … |
| 18-6593 |
Sigifredo Molina-Varela v. United States |
Tenth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment |
DID THE DEFENSE COUNSEL'S FAILURE TO FILE A MOTION FOR SEVERANCE CREATE A SIGNIFICANT PREJUDICE AGAINST THE PETITIONER THEREBY CONSTITUTING INEFFECTIV… |
| 18-574 |
Joseph Rachal v. United States |
First Circuit |
2018-11-02 |
Denied |
Response Waived |
6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence |
No one can legitimately deny that a felony conviction is exceedingly prejudicial. That is why evidence of a felony conviction is normally admissible o… |
| 18-6550 |
Anthony Thomas v. Darrell Vannoy, Warden |
Fifth Circuit |
2018-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
affidavit costs court-fees declaration effective-assistance-of-counsel financial-disclosure habeas-corpus in-forma-pauperis income-declaration ineffective-assistance-of-counsel legal-indigency poverty prejudice procedural-default redress sixth-amendment |
Question not identified. |
| 18-572 |
Dorsey Ron McCall v. Aptim Corporation |
Fifth Circuit |
2018-11-01 |
Dismissed |
|
abstention arbitration-waiver circuit-split civil-procedure federal-court-abstention federal-courts federal-state-jurisdiction forum-shopping litigation-conduct prejudice state-court-proceedings |
1. Must a party opposing arbitration on the ground of waiver by litigation conduct prove that it was prejudiced by the other party's waiver?
2. Shoul… |
| 18-6441 |
Roderick McKissick v. Nathan Deal, Governor of Georgia, et al. |
Georgia |
2018-10-26 |
Denied |
IFP |
civil-procedure civil-rights due-process equal-protection habeas-corpus prejudice retaliation standing |
Question not identified. |
| 18-6265 |
Samuel Silva v. United States |
Tenth Circuit |
2018-10-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 |
Whether the practice of telling juries in a 18 U.S.C. § 922(g) (1) prosecution that the defendant is a previously -convicted felon, as is routine ly d… |
| 18-421 |
Jose Luis Cepeda-Cortes v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response Waived |
co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states |
Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered … |
| 18-6173 |
Carlos Tiznado-Valenzuela v. United States |
Ninth Circuit |
2018-10-02 |
Denied |
Response WaivedIFP |
circuit-split federal-procedure federal-sentencing judicial-interpretation molina-martinez molina-martinez-standard plain-error-review prejudice prejudice-prong sentencing-guidelines |
Should the Court address the division of circuit authority over the Court's application of the prejudice prong of plain-error review in Molina-Martine… |
| 18-6139 |
Julia Monique Frias v. United States |
Tenth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
barker-v-wingo constitutional-rights government-delay judicial-review prejudice pretrial-incarceration reduced-sentence sixth-amendment speedy-trial state-sentence tenth-circuit |
I. Whether a defendant's lost opportunity to seek a reduced state sentence under state law can constitute prejudice under Barker?
II. Whether to show… |
| 18-5982 |
Todd F. Britton-Harr v. United States |
Fifth Circuit |
2018-09-18 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment |
Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a "reasonable person" would have… |
| 18-5918 |
Jose Guerrero Lozano, Jr. v. Florida |
Florida |
2018-09-07 |
Denied |
Response WaivedIFP |
constitutional-provisions constitutional-rights criminal-procedure delay due-process florida-court ineffective-assistance ineffective-assistance-of-counsel legal-delay prejudice speedy-trial |
Whether the State of Florida Court or the Petitioner is more to blame for the delay. Whether, in due course, and petitioner asserted a claim of ineffe… |
| 18-5758 |
Annamalai Annamalai v. Parvathi Sivanadiyan |
Fifth Circuit |
2018-08-24 |
Denied |
IFP |
civil-procedure civil-procedure-68 dismissal dismissal-with-prejudice federal-rule-68 federal-rule-civil-procedure federal-rules frivolous frivolous-complaint judgment-offer mailbox-rule offer-and-acceptance offer-of-judgment prejudice prison-mailbox-rule prisoner-filing |
Whether a district court can dismiss a complaint filed under 9 U.S.C.4 as frivolus and can dismiss with prejudice, after " the' mailing " of an "uncon… |
| 18-5726 |
Ruben Cazares v. Texas |
Texas |
2018-08-23 |
Denied |
IFP |
accomplice-statements bruton-error bruton-evidence bruton-v-united-states confrontation-clause crawford crawford-v-washington criminal-procedure evidence-admissibility harmless-error prejudice prejudicial-evidence separate-trials special-prejudice trial-procedure |
Fifty years ago, this Court began the Bruton era by making two points perfectly clear. One, Bruton evidence is "devastating" to the accused. Bruton v.… |
| 18-5677 |
Robert Alan Loughner v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2018-08-21 |
Denied |
Response WaivedIFP |
constitutional-rights due-process habeas-corpus habeas-corpus,ineffective-assistance-of-counsel,du ineffective-assistance-of-counsel legal-malpractice negligence prejudice trial-outcome trial-procedure |
Question not identified. |
| 18-5631 |
Steven M. Jacob v. Scott R. Frakes, Director, Nebraska Department of Correctional Services |
Eighth Circuit |
2018-08-17 |
Denied |
Response WaivedRelisted (2)IFP |
aedpa certificate-of-appealability constitutional-review double-jeopardy due-process habeas habeas-corpus jury-selection prejudice presumption-of-impartiality standard-of-review supreme-court-precedent voir-dire |
Was the Petitioner's demonstration, that the State Courts' decision was dependent on their failure to apply the holding in Murphy v. Florida by accept… |
| 18-5550 |
Mario Lopez-Pacheco v. United States |
Ninth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights due-process executive-power immigration immigration-review judicial-discretion mendoza-lopez-standard noncitizen-rights prejudice standing statutory-interpretation |
In United States v. Mendoza-Lopez, 481 U.S. 828 (1987), this Court held that a defendant may not be convicted of illegal reentry after a prior order o… |
| 18-5527 |
Jesus Alejandro Chavez, aka Chuy v. United States |
Fourth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense |
1. The Fourth Circuit contends in its decision that the Appellant failed to establish that the alleged Brady violation was material. Is the decision b… |
| 18-5488 |
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… |
| 18-5427 |
Monclaire Saint Louis v. United States |
Fourth Circuit |
2018-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony |
1. Whether witness testimony, on more than one occasion, reveals that a rape was committed during a kidnapping, by someone other than the defendant, c… |
| 18-5397 |
Alejandro Parra-Ramos v. United States |
Ninth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance |
Whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |
| 18-5348 |
Gary Clack v. Kentucky |
Kentucky |
2018-07-25 |
Denied |
Response WaivedIFP |
counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony |
Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance … |
| 18-5289 |
Stephen Dale Barbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-07-20 |
Denied |
IFP |
client-autonomy ineffective-assistance-of-counsel ineffective-counsel mccoy-v-louisiana post-conviction prejudice prejudice-standard sixth-amendment strickland-v-washington structural-error |
1. Did the Fifth Circuit impose an improper ineffective-assistance-of-counsel standard, which required him to show prejudice, to Barbee's claim that h… |
| 18-5212 |
Markentz Blanc v. United States |
Eleventh Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
11th-circuit 4th-amendment 5th-amendment 6th-amendment appellate-review circuit-court criminal-procedure criminal-procedure-flight-instructions district-court due-process elements flight-instructions prejudice prior-decisions sufficiency-of-evidence wiretap wiretap-evidence |
Did the Eleventh circuit's panels conclusion that the District court did not err in allowing the flight instructions be brought to the jury as it was … |
| 18-5141 |
Taylor Don Frederiksen v. Texas |
Texas |
2018-07-05 |
Denied |
IFP |
appeal appellate-procedure collateral-consequences court-standards criminal-procedure due-process ineffective-assistance judicial-review legal-argument prejudice procedural-rules right-to-appeal right-to-counsel state-court-procedures state-court-rules |
Should Mr. Frederiksen continue to suffer and collateral legal consequences from his uncounseled conviction, when the lower state courts fail to compl… |