| 25-6899 |
Tracey L. Brown v. Aaron D. Ford, Attorney General of Nevada, et al. |
Ninth Circuit |
2026-02-25 |
Pending |
IFP |
burden-of-proof confrontation-clause ex-parte-contact habeas-corpus jury-prejudice presumption-of-prejudice |
1. Did the Ninth Circuit Panel err in a federal habeas case where, following an ex parte contact during trial between multiple jurors and a key prosec… |
| 25-771 |
Joe Carollo v. William O. Fuller, et al. |
Eleventh Circuit |
2025-12-31 |
Pending |
|
appellate-review eleventh-circuit judicial-precedent jury-tampering presumption-of-prejudice trial-integrity |
Whether the Eleventh Circuit Court of Appeals' narrow application of the presumption of prejudice standard when evaluating unrefuted evidence of jury … |
| 23-7798 |
Evan C. Wilhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-06-25 |
Denied |
Response WaivedIFP |
christeson-v-roper conflict-of-interest counsel-performance cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-ethics prejudice-presumption presumption-of-prejudice professional-reputation professional-responsibility |
Whether prejudice should be presumed when a conflict of interest forces Counsel to choose between denigrating their own performance on behalf of their… |
| 23-7306 |
Ronnie Y. Conrad v. Rob St. Andre, Warden |
Ninth Circuit |
2024-04-25 |
Denied |
IFP |
6th-amendment conflict-of-interest criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel presumption-of-prejudice prosecutorial-misconduct retroactivity sixth-amendment |
Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecutin… |
| 23-979 |
Gerald D. Fields v. Jay Forshey, Warden |
Sixth Circuit |
2024-03-06 |
Denied |
Response Waived |
faretta-colloquy fundamental-fairness habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sentencing-procedure structural-error |
1. When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel—a fundamentally unfair structural error … |
| 23-6838 |
Danny Lee Warner, Jr. v. Montana |
Montana |
2024-02-29 |
Denied |
Response WaivedIFP |
attorney-client-privilege due-process fourteenth-amendment fourth-amendment presumption-of-prejudice prosecutorial-misconduct sixth-amendment warrantless-search |
1. Are unsworn assertions in a response brief sufficient to overcome clear and convincing direct evidence that prosecutor illegally searched and seize… |
| 23-6365 |
Rodney Adam Hurdsman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-27 |
Denied |
IFP |
critical-stage incarceration plea-bargain presumption-of-prejudice pretrial-period right-to-counsel sixth-amendment speedy-trial |
I. Whether the pretrial period between the time the Sixth Amendment right to counsel attaches to the start of trial is a critical stage of the proceed… |
| 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… |
| 22-6821 |
James Mammone v. Charlotte Jenkins, Warden |
Sixth Circuit |
2023-02-21 |
Denied |
IFP |
change-of-venue fair-trial habeas-corpus prejudice-presumption presumption-of-prejudice pretrial-publicity rideau-v-louisiana sixth-amendment |
In determining whether to presume prejudice under Rideau and Skilling, are courts permitted to consider (1) the defendant's role in creating the pretr… |
| 21-7437 |
Steven Hutchinson v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. |
Third Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
batson-challenge Batson-v-Kentucky constitutional-violation ineffective-assistance ineffective-assistance-of-counsel jury-selection presumption-of-prejudice racial-discrimination strickland-standard Strickland-v-Washington |
1. Should prejudice under Strickland v. Washington, 466 U.S. 668 (1984), be presumed for an claim based on counsel's failure to object to unconstituti… |
| 21-7113 |
Gerald Wayne Jako, Jr. v. West Virginia |
West Virginia |
2022-02-15 |
Denied |
IFP |
conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability |
I. Attorney Panepinto made two separate "eleventh hour" disclosures before trial, with the latter discussing his prior representation and social relat… |
| 21-6649 |
Paul J. Hultman v. Daniel Paramo, Warden |
Ninth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing fourteenth-amendment habeas-corpus ineffective-assistance juror-misconduct presumption-of-prejudice sixth-amendment |
I
Were the Sixth and Fourteenth Amendments violated when
a juror admitted viewing unadmitted evidence during deliberations and stated that her verdic… |
| 21-6147 |
Joshua Komisarjevsky v. Connecticut |
Connecticut |
2021-11-02 |
Denied |
Response WaivedIFP |
actual-prejudice actual-prejudice-analysis emotional-nature-of-case guilty-verdict jury-selection presumed-prejudice-analysis presumption-of-prejudice pretrial-publicity venue-change voir-dire |
1. What consideration, if any, must courts give the following factors in their presumption-of-prejudice analysis: (a) a verdict finding the defendant … |
| 21-6132 |
Shelton Marbury v. United States |
District of Columbia |
2021-10-29 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process external-influence government-burden jury jury-influence presumption-of-prejudice sixth-amendment |
Whether under the Sixth Amendment, once a defendant has presented evidence that an external influence has reached his jury, a presumption of prejudice… |
| 21-6105 |
Saul Hernandez-Serrano v. United States |
Fifth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
courts-of-appeals federal-sentencing molina-martinez-v-united-states numerical-range-of-imprisonment presumption-of-prejudice sentencing-guidelines |
Whether the presumption of prejudice recognized in Molina-Martinez v. United States extends to Federal Sentencing Guideline errors that do not affect … |
| 21-603 |
Ohio v. George Brinkman |
Ohio |
2021-10-26 |
Denied |
Amici (1) |
automatic-reversal boykin-advisement boykin-v-alabama constitutional-rights due-process fourteenth-amendment guilty-plea plea-review presumption-of-prejudice standard-of-review |
1. Does the Due Process Clause of the Fourteenth
Amendment to the United States Constitution
prohibit review of the entire record to determine
whether… |
| 21-5558 |
William Paul Langrum, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-09-01 |
Denied |
IFP |
aedpa aedpa-limitations appeal criminal-procedure habeas-corpus ineffective-assistance investigation pre-trial-investigation presumption-of-prejudice statute-of-limitations strickland-standard |
1) The flntiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a one-year statute of limitations for state inmates seeking federal … |
| 21-5499 |
Joel Reyna-Aragon v. United States |
Fifth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
burden-of-proof court-of-appeals-division federal-sentencing-guidelines molina-martinez-v-united-states presumption-of-prejudice sentencing-error |
1. Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice?
2. What is the government's burden of persuas… |
| 20-7614 |
Gerald Von Tobel v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2021-03-31 |
Denied |
Response WaivedIFP |
28-usc-2254(d)(1) criminal-trial federal-review habeas-corpus juror-misconduct mattox-remmer-test mattox-v-united-states presumption-of-prejudice remmer-v-united-states state-court-procedure |
In Nevada, when a juror commits misconduct by engaging in an unauthorized conversation about a criminal trial with a third party, the Nevada state cou… |
| 20-1218 |
Demetrius William Edwards, et al. v. Sherry Burt, Warden, et al. |
Sixth Circuit |
2021-03-03 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
is entitled to habeas relief thereby giving rise to a presumption of prejudice counsel-deprivation criminal-procedure critical-stage habeas-corpus ineffective-assistance-of-counsel prejudice-presumption presumption-of-prejudice right-to-counsel sixth-amendment |
During an overnight recess in Demetrius Edwards's and Bryant Royster's bench trial, the judge made an independent, nighttime visit to the crime scene,… |
| 20-702 |
David Stiles, Jr. v. Texas |
Texas |
2020-11-20 |
Denied |
|
arrest-to-trial-delay barker-v-wingo constitutional-rights doggett-v-united-states due-process government-burden presumption-of-prejudice presumptive-prejudice sixth-amendment speedy-trial |
This Court held in Barker v. Wingo, 407 U.S. 514 (1972) that a speedy trial analysis is triggered by a delay of eight months. This Court held in Dogge… |
| 19-7939 |
Robert James Pope, Jr. v. Wisconsin |
Wisconsin |
2020-03-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel |
Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right… |
| 19-7791 |
Jermaine Michael Jackson v. Pennsylvania |
Pennsylvania |
2020-02-26 |
Denied |
Response WaivedIFP |
alibi-defense civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sixth-amendment |
1. DID THE SUPERIOR COURT FAIL TO ANALYSIS PETITIONER CLAIM UNDER THE PRESUMPTION OF PREJUDICE STANDARD UNDER CRONIC?
2. WAS TRIAL COUNSEL ABANDONMEN… |
| 19-6127 |
Steven Justin Villalona v. United States |
Eleventh Circuit |
2019-10-02 |
Denied |
Response WaivedRelisted (2)IFP |
certificate-of-appealability conflict-of-interest counsel-concession ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings law-of-the-case mootness plain-error presumption-of-prejudice substantial-rights |
(1) What effect, if any, does a concession made by the U.S. on an ineffective assistance of counsel claim have on the court's ability to ajudicate the… |
| 19-5918 |
Brandon Kyle Thomas v. United States |
Eleventh Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
§-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington |
After trial and again after sentencing, Brandon Thomas requested that his attorney appeal the criminal judgment. Counsel's advice consisted of "if you… |
| 18-1393 |
William T. Walters v. United States |
Second Circuit |
2019-05-07 |
Denied |
|
criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error |
1. Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a p… |
| 18-8319 |
Jason Ray Flick v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-07 |
Denied |
IFP |
abuse-of-discretion change-of-venue fair-trial fourteenth-amendment impartial-jury jury-impartiality presumption-of-prejudice pretrial-publicity sixth-amendment |
I) Was petitioner denied a fair trial by trial courts abuse of discretion?
II) Was petitioner denied effective assistance of counsel when counsel fai… |
| 18-6764 |
Kenneth Ray Borders v. United States |
Eighth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel |
Does the "presumption of prejudice" recognized in Roe v. FloresOrtega , 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun… |
| 18-6174 |
Edward Lang v. David Bobby, Warden |
Sixth Circuit |
2018-10-02 |
Denied |
IFP |
deficient-performance due-process false-evidence false-theory ineffective-assistance juror-tampering presumption-of-prejudice reasonable-strategy reasonable-trial-strategy strickland-standard strickland-v-washington trial-strategy |
A. Can the presentation of false evidence, in support of a false theory, that trial counsel knew or should have known was false, ever constitute a rea… |
| 18-6008 |
Anibal Pagan-Romero v. United States |
First Circuit |
2018-09-17 |
Denied |
Response WaivedIFP |
criminal-trial dictionary dictionary-use due-process fifth-amendment first-circuit jury jury-instructions presumption-of-prejudice remmer-presumption remmer-v-united-states |
A. Whether the Petitioner was denied due process of law where the District Court, over the objection of Defendant provided the jury with a dictionary … |