premeditation
15 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5157 | Juan T. Tyler v. Luis Martinez, Warden | Ninth Circuit | 2025-07-21 | Denied | Response WaivedIFP | attempted-murder due-process ineffective-assistance jury-instructions premeditation prosecutorial-misconduct | I. Did the Prosecution Proved Beyond a Reasonable Doubt that the Shooter Premeditated and Deliberated an Attempted Murder? II. Did the Trial Court De… |
| 24-6047 | Rodney Tyrone Henry v. United States | Eighth Circuit | 2024-11-27 | Denied | Response WaivedIFP | 18-usc-3553a accomplice-liability circuit-court-review criminal-procedure premeditation sentencing | The United States Court of Appeals for the Eighth Circuit's decision misapplied the established precedent regarding circumstances that could support a… |
| 24-5139 | Lamar McKay v. Jeff Tanner, Warden | Sixth Circuit | 2024-07-25 | Denied | Response WaivedIFP | constitutional-rights directed-verdict due-process first-degree-murder insufficient-evidence jury-verdict murder premeditation reasonable-doubt | I. WHERE THE TRIAL COURT DENIED PETITIONER, LAMAR LORENZO MCKAYS MOTION FOR A DIRECTED VERDICT ON FIRST DEGREE MURDER WHERE THE EVIDENCE PRESENTED WAS… |
| 23-7632 | Cordero Passley v. United States | Second Circuit | 2024-06-04 | Denied | Response WaivedIFP | criminal-law criminal-statute deliberate-intent deliberation first-degree-murder malicious-conduct mens-rea premeditation second-degree-murder willful-killing | Whether, for a defendant to commit a "willful, deliberate, malicious, and premeditated killing" that constitutes first degree murder (as opposed to se… |
| 22-7826 | Ronell Watson v. United States | Second Circuit | 2023-06-21 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment attempted-murder constitutional-rights fifth-amendment jury-instructions premeditation sentencing-guidelines sixth-amendment statutory-maximum | Is premeditation an element of attempted murder under the federal system, such that the Government violated Petitioner's Fifth and Sixth Amendments ri… |
| 22-5867 | Monica McCarrick v. Janelle Espinoza, Warden | Ninth Circuit | 2022-10-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence first-degree-murder meaningful-defense mental-health paranoid-delusions premeditation trial-court-evidence | 1. Does an objectively unreasonable violation of the Constitutional right to present a meaningful defense occur when a trial court prevents a defendan… |
| 21-7630 | Mickey Roy Anderson, Sr. v. United States | Ninth Circuit | 2022-04-15 | Denied | Response WaivedIFP | appellate-procedure appellate-split criminal-law deliberation first-degree-murder mens-rea premeditation | I. Whether this Court should resolve the split in the courts of appeal as to whether a mere matter of seconds suffice as premeditation for first degre… |
| 20-7380 | Michael Eugene Wyatt v. John Sutton, Warden | Ninth Circuit | 2021-03-09 | Denied | Response WaivedIFP | criminal-elements deliberation first-degree-murder habeas-review ninth-circuit ninth-circuit-precedent precedent premeditation premeditation-and-deliberation state-law sufficiency-of-evidence | Did the Ninth Circuit improperly disregard and/or overlook United State Supreme Court and Ninth Circuit precedent that required it to defer to Califor… |
| 20-7200 | Michael Burciaga v. Raymond Madden, Warden | Ninth Circuit | 2021-02-22 | Denied | Response WaivedIFP | aedpa criminal-procedure due-process gang-evidence habeas-corpus jackson-v-virginia ninth-circuit premeditation standard-of-review | Under California law, premeditation requires more than just intent to kill; it requires "careful thought," as a "deliberate judgment or plan," carried… |
| 19-7750 | Russell Patrick Brown v. Kenneth D. Hutchison, Warden | Sixth Circuit | 2020-02-24 | Denied | Response WaivedIFP | 1st-degree-murder constitutional-due-process constitutional-violation conviction criminal-conviction due-process insufficient-evidence jackson-v-virginia jury-instruction premeditation self-defense supreme-court-precedent | (1) Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder convictio… |
| 19-7167 | Harshadkumar Nanjibhai Jadav v. Virginia | Virginia | 2020-01-03 | Denied | Response WaivedIFP | appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence | I. Contrary to precedent set in Yeager v. Commonwealth , 16 Va. 433 S.E.2d 248 (1993) and rule 3A:16 of the Rules of App. 761 Supreme Court of Virgini… |
| 19-5832 | Daniel G. Durain v. Florida | Florida | 2019-09-05 | Denied | Response WaivedIFP | administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt | In a First degree premeditated murder trial, can motive be used to establish premeditation? If so, is a defendant's conviction unconstitutional where… |
| 19-5404 | Steven Hoff v. California | California | 2019-07-30 | Denied | Response WaivedIFP | attempted-first-degree-murder due-process due-process-clause evidence-code general-intent intent jury-instructions mistake-or-accident premeditation uncharged-misconduct uncharged-offense | I. Is the Due Process Clause violated when a jury is instructed that it can consider evidence regarding an uncharged, general intent offense in determ… |
| 18-9810 | Erik Ward v. California | California | 2019-06-27 | Denied | IFP | attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel | procedure and dve process, Base Upon jury lacked Knowle dge of the importa nce of .My trial counsel Failed to inform me a yea deal would be for attemp… |
| 18-7834 | Brent William Bogseth v. Michigan | Michigan | 2019-02-07 | Denied | IFP | 14th-amendment 5th-amendment closing-argument constitutional-rights criminal-procedure deliberation due-process evidence fair-trial fifth-amendment murder premeditation prosecutorial-misconduct self-incrimination | I. If there is no evidence to show that a defendant actvally Committed the offense of Murder Can premedifation and deliberation then exist as the lowe… |