| 24-5355 |
Darius Leigh Gilkey v. Sherman Campbell, Warden |
Sixth Circuit |
2024-08-21 |
Denied |
Response WaivedIFP |
attorney-client-communication due-process ineffective-assistance prejudicial-error right-to-counsel sixth-amendment |
I.
Should this Court grant Certiorari to determin e whether evidence supports
homicide or sexual assault?
II.
Should this Court grant Certiorari to d… |
| 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… |
| 23-5440 |
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… |
| 22-7499 |
Judy Thorpe v. Rosemarie Cipparulo, et al. |
New Jersey |
2023-05-09 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review civil-procedure court-certification due-process equitable-review judicial-review legal-review manifest-error prejudicial-error trial-court-decision |
Whether it was manifest error and significantly prejudicial for the Supreme Court of New Jersey to Deny Certification and Not Fairly and Equitably Rev… |
| 22-7267 |
Lloyd Leslie Kindred v. T. Cisneros, Warden |
Ninth Circuit |
2023-04-13 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment |
Brawnds(f), tas J deated the 6TH mend ment oF Heo VU, Lornctidubion: Ke oarebing Lown sed s Pray Mianee. Wa ad teas onobhy et&ti ve"and Hrat Here /5 a… |
| 22-6807 |
Antonio McGhee v. Maryland |
Maryland |
2023-02-16 |
Denied |
IFP |
appellate-standard civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance juvenile-justice post-conviction prejudicial-error retroactivity sentencing |
Question not identified. |
| 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… |
| 21-7662 |
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… |
| 21-1080 |
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… |
| 21-6259 |
Shelly Margaret Arndt v. Deborah Jo Wofford, Superintendent, Washington Corrections Center for Women |
Ninth Circuit |
2021-11-12 |
Denied |
Response WaivedIFP |
circuit-split constitutional-provisions discretionary-power due-process internet-research judicial-discretion juror-misconduct prejudicial-error remmer statutory-provisions verdict-integrity |
In this case, juror misconduct was proven by the lower court after a juror researched an element of the crime on the internet (Wikipedia) during delib… |
| 20-8051 |
Lucas Kenneth Sabatino v. United States |
Fourth Circuit |
2021-05-18 |
Denied |
Response WaivedIFP |
criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy |
Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at … |
| 20-1190 |
Richard D. Simmons v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2021-02-26 |
Denied |
Amici (1)Response Waived |
administrative-law agency-action agency-deference article-1-legislative-power chenery-doctrine chenery-rule constitutional-delegation due-process judicial-review prejudicial-error |
Must a court, when taking due account of the rule of prejudicial error on review of agency action, comport with Chenery? |
| 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… |
| 20-6411 |
Miguel A. Ramirez v. California |
California |
2020-11-24 |
Denied |
IFP |
civil-rights criminal-conviction criminal-procedure cumulative-error defendant-rights due-process evidence-admissibility jury-instructions prejudicial-error sexual-abuse |
1. whetheR a juRy InstRuction in corractly Stating
That Continous Sexual abuse of a child is a
general intent cRime was PRejudiciael?
2. Whothek the … |
| 20-6157 |
Pedro Hernandez v. United States |
Ninth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure district-court due-process motion-to-dismiss prejudicial-error sixth-amendment |
Did the district court prejudicially err denying petitioner's motion to dismiss based on Sixth Amendment violations? |
| 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… |
| 19-8836 |
Bobby Ray Culpepper v. Texas |
Texas |
2020-06-26 |
Denied |
IFP |
civil-rights constitutional-rights due-process fair-trial judicial-bias judicial-error legal-remedy prejudicial-error standing structural-error trial-procedure |
1. Was Petitioner giving a Fair Trial, or was Petitioner's trial a total oxce because of Structural Error! and Petitioners Trial Counsel, betore Petit… |
| 19-7367 |
Adalberto Magana-Gonzalez v. United States |
Ninth Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony |
Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a… |
| 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… |
| 19-6456 |
Geoffrey Baggett v. M. Eliot Spearman, Warden |
Ninth Circuit |
2019-10-31 |
Denied |
Response WaivedIFP |
civil-rights confession-suppression custodial-interrogation due-process miranda-rights police-interrogation police-tactics prejudicial-error prejudicial-evidence right-to-counsel self-incrimination |
PETITIONERS CONFESSION SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE BECAUSE PETITIONER WAS THE VICTIM. OF MISLEADING TACTICS LEADING UP TO BEING ADVISED OF… |
| 19-5231 |
James D. Thomas, Jr., aka Wayne Thomas v. New York |
New York |
2019-07-18 |
Denied |
IFP |
appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court |
.Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside … |
| 18-7056 |
David Leonard Johnson v. California |
California |
2018-12-14 |
Denied |
IFP |
california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery |
I.
IS THE CRIME OF RECEIVING STOLEN PROPERTY
A LESSER INCLUDED OFFENSE OF ROBBERY, AND
IF SO, WAS THE TRIAL COURT'S FAILURE. TO
INSTRUCT ON RECEIV… |
| 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… |
| 18-5427 |
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… |