| 25-955 |
Delmart Ejm Vreeland, III v. Colorado Department of Corrections, et al. |
Colorado |
2026-02-11 |
Pending |
|
constitutional-review due-process fourteenth-amendment jurisdictional-defect merits-review procedural-bar |
Whether a State violates the Due Process Clause of the Fourteenth Amendment when it limits a defendant's ability to raise all meritorious claims on di… |
| 25-821 |
Michael Dewayne Lairy v. United States |
Seventh Circuit |
2026-01-12 |
Pending |
|
actual-innocence armed-career-criminal-act circuit-split habeas-corpus procedural-bar sentencing-enhancement |
Whether an individual who did not commit the qualifying predicate offenses required to trigger the Armed Career Criminal Act's 15-year mandatory minim… |
| 25A775 |
Cosea Bell v. Louisiana |
Louisiana |
2026-01-05 |
Application |
|
collateral-review habeas-corpus post-conviction procedural-bar state-court successive-application |
Question not identified. |
| 25-6357 |
Frank A. Walls v. Florida, et al. |
Florida |
2025-12-15 |
Denied |
IFP |
atkins-rule constitutional-protection death-penalty hall-v-florida intellectual-disability procedural-bar |
1. Has Florida's partial retroactive treatment of Hall v. Florida denied intellectually disabled people the protections of Atkins and should procedura… |
| 25-5818 |
Clyde Wendell Smith v. Mississippi |
Mississippi |
2025-10-07 |
Denied |
IFP |
conflict-of-interest effective-assistance-counsel postconviction-relief procedural-bar simultaneous-representation state-court-jurisdiction |
Petitioner and his brother were adversely situated codefendants in two separate felony cases over which the same judge presided. That judge appointed … |
| 25-5749 |
Victor Saldano v. Texas |
Texas |
2025-09-29 |
Pending |
IFP |
atkins-claim due-process eighth-amendment intellectual-disability procedural-bar state-court-review |
1. Does the TCCA's creation of a novel and unforeseeable procedural bar in its interpretation of Article 11.071 Section 5 preclude review of Mr. Salda… |
| 25-5422 |
Lamont Johnson v. Michele Dauzat, Warden |
Fifth Circuit |
2025-08-21 |
Denied |
IFP |
federal-statute habeas-corpus post-conviction-relief procedural-bar second-successive-application state-action |
Whether a second in time habeas application which raises a claim that the petitioner was prevented by state action from raising in a prior application… |
| 25-5397 |
Willie Roy Jenkins v. Texas |
Texas |
2025-08-19 |
Denied |
IFP |
capital-murder due-process false-evidence fourteenth-amendment habeas-corpus procedural-bar |
(1) Was the novel state procedural ground for denying the false evidence claims in the initial habeas application inadequate?
(2) Was the state proce… |
| 25-5085 |
Donald Perry v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2025-07-11 |
Denied |
IFP |
actual-innocence death-penalty florida-supreme-court habeas-corpus procedural-bar trial-court-jurisdiction |
1. Questia (9) /ReseuTeD - wien, on Nor THE SUPREME CounT OF RD Can Procedyfa lly Barked By ICTUAL TANCE Clzagse, ON TNR Z D625, 0) Spal PezeTEosser's… |
| 25A30 |
Humberto Andres Maldonado v. Eric Guerrero, Director, Texas Department of Criminal Justice |
Fifth Circuit |
2025-07-08 |
Denied |
|
certificate-of-appealability federal-district-court habeas-corpus procedural-bar statute-of-limitations sua-sponte |
Question not identified. |
| 24-7427 |
Phillip White v. Mark Agbaosi, Warden |
Georgia |
2025-06-16 |
Denied |
IFP |
actual-innocence constitutional-violations due-process habeas-corpus ineffective-assistance procedural-bar |
The Petitioner, Mr. Phillip White, was wrongfully convicted in the State of Georgia for a crime he did not commit. His wrongful conviction was marred … |
| 24A1167 |
Richard Rynn, et al. v. UHS of Phoenix, LLC, et al. |
Arizona |
2025-05-30 |
Denied |
|
constitutional-violation due-process fraud-on-court judicial-review procedural-bar rule-60(b) |
1. Whether a state court's refusal to adjudicate a Rule 60(b) motion on the merits, based on procedural grounds, violates due process where the motion… |
| 24-7295 |
Riley Dyson Biro v. Chadwick Dotson, Director, Virginia Department of Corrections |
Fourth Circuit |
2025-05-28 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights district-court habeas-corpus procedural-bar state-court-rule |
1. Did the Court of Appeals err by denying a certificate of appealability under 28 U.S.C. 2253 in a case seeking to appeal a district court's order de… |
| 24-7114 |
Daniel Flint v. United States |
Ninth Circuit |
2025-05-01 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split coram-nobis custody-status procedural-bar statutory-remedy |
1. Whether the writ of error coram nobis is
procedurally barred if a petitioner is "in custody,"
even though no other statutory remedy is available
… |
| 24-6504 |
Danmond Jonathan Slack v. Gregory Sampson, Warden |
Eleventh Circuit |
2025-02-07 |
Denied |
Response WaivedIFP |
constitutional-rights due-process eleventh-circuit federal-review habeas-corpus procedural-bar |
Whether the U.S. District Court abused its discretion in dismissing petitioner's 42 U.S.C. § 1983 petitions as untimely prior to ruling on the merits … |
| 24-500 |
Darrin S. Rick v. Jodi Harpstead, Commissioner, Minnesota Department of Human Services |
Eighth Circuit |
2024-11-01 |
Denied |
Response Waived |
actual-innocence civil-commitment habeas-corpus indefinite-confinement miscarriage-of-justice procedural-bar |
Whether the actual innocence/miscarriage of justice exception which allows federal courts to consider a habeas corpus petition otherwise precluded by … |
| 24-5753 |
Robert Leslie Roberson III v. Texas |
Texas |
2024-10-15 |
Denied |
IFP |
actual-innocence capital-punishment due-process habeas-corpus procedural-bar scientific-evidence |
Whether the TCCA's unexplained application of a procedural bar violates the federal due process clause when a capital state habeas applicant asserts a… |
| 24-5743 |
Rafael Ernesto Gabriel v. California |
California |
2024-10-10 |
Denied |
IFP |
constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence |
(1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a… |
| 24-5476 |
In Re William Harold Wright, Jr. |
|
2024-09-06 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-claim criminal-procedure habeas-corpus motion-to-vacate procedural-bar sentence-correction |
Did the district court err in dismissing Wright's amended § 2255 motion to vacate, set aside, or correct sentence based on a constructive amendment cl… |
| 24-5458 |
Derrick Courchaine v. California |
California |
2024-09-04 |
Denied |
IFP |
constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence |
(1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a… |
| 24-5373 |
Raymond Rodriguez v. California |
California |
2024-08-22 |
Denied |
IFP |
constitutional-rights ineffective-assistance plea-bargaining procedural-bar sixth-amendment unauthorized-sentence |
(1. In California, a pretrial detainee is denied access to the very laws that are the cause of his or her confinement, and must rely upon his or her a… |
| 24A158 |
James A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2024-08-09 |
Denied |
|
habeas-corpus legal-access prisoner-rights pro-se procedural-bar time-extension |
Question not identified. |
| 23-7567 |
Michael David Carruth v. John Q. Hamm, Commissioner, Alabama Department of Corrections |
Eleventh Circuit |
2024-05-28 |
Denied |
IFP |
alabama appellate-counsel constitutional-right criminal-procedure death-penalty exhaustion ineffective-assistance procedural-bar right-to-counsel state-procedure writ-of-certiorari |
When a state by statute or rule imposes a duty upon appellate counsel for the defendant-appellant in a criminal case to file a petition for a writ of … |
| 23-6439 |
Jennifer Lynn Mothershead v. Deborah Jo Wofford, Superintendent, Washington Corrections Center for Women |
Ninth Circuit |
2024-01-10 |
Denied |
Response WaivedIFP |
28-usc-2254 appellate-review comity habeas-corpus merits-determination procedural-bar state-court-ruling |
Whether the Ninth Circuit Court of Appeals decision violates Harris v. Reed, 489 U.S. 255 (1989) and the bedrock habeas corpus principle of comity by … |
| 23-5836 |
Siddhanth Sharma v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety, et al. |
Fourth Circuit |
2023-10-18 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-claim constitutional-rights factual-innocence legal-innocence mcquiggin-v-perkins procedural-bar procedural-default sandstrom-claim slack-v-mcdaniel |
1.) To be issued a COA : Does the claim of Factual Innocence qualify as a
debatable claim for the denial of a Constitutional Right as enunciated in
Sl… |
| 23-5695 |
Stephen Michael Michuda v. Minnesota |
Minnesota |
2023-10-03 |
Denied |
Response WaivedIFP |
civil-rights constitutional-violation due-process effective-assistance-of-counsel indigent-defendants indigent-rights ineffective-assistance procedural-bar public-defender public-defenders time-bar |
1. Is it unconstitutional for the State of Minnesota to block all avenues for indigent against public defenders?
2. Is it unconstitutional for the St… |
| 23-5388 |
Clifton Lyles v. South Carolina |
South Carolina |
2023-08-18 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure constitutional-review due-process habeas-corpus legal-precedent post-conviction-relief procedural-bar state-court-decisions state-court-procedure statutory-interpretation subsequent-application |
DOES McHAM V. STATE /404 S.C. 465/746 S.E.2d 41(2013), REQUIRE
THAT PETITIONER BE ALLOWED TO FILE A SUBSEQUENT PCR APPLICATION? |
| 23-5370 |
Charles Alan Dyer v. Oklahoma |
Oklahoma |
2023-08-16 |
Denied |
IFP |
access-to-courts civil-rights due-process legal-research lewis-v-casey post-conviction-appeal pro-se-prisoner procedural-bar procedural-bars |
After a state has violated Lewis v. Casey by actively denying access to legal research facilities to a pro se prisoner on an initial post-conviction a… |
| 22-7376 |
Delila Pacheco v. Aboutanaa El Habti, Warden |
Tenth Circuit |
2023-04-26 |
Denied |
IFP |
actual-innocence aedpa circuit-split federal-power federal-review habeas habeas-corpus procedural-bar procedural-bars subject-matter-jurisdiction |
The miscarriage-of-justice gateway excuses a habeas petitioner from complying with certain procedural hurdles like AEDPA's statute of limitations if, … |
| 22-7358 |
In Re Ronnie Dante Thomas |
|
2023-04-24 |
Denied |
IFP |
collateral-challenge due-process habeas-corpus juvenile-adjudication procedural-bar sentencing-enhancement sixth-amendment |
IS The U.S. Court of Appeals for The Sixth Circuit ("Sixth Circuit") Application of 28 U.S.C. § 2244(b)(3)'s Procedural Bar To a Collateral Challenge … |
| 22-7031 |
David Andrew Diehl v. United States |
Fifth Circuit |
2023-03-16 |
Denied |
Response RequestedResponse WaivedRelisted (4)IFP |
certificate-of-appealability civil-procedure federal-civil-procedure federal-rules-of-civil-procedure gonzales-v-crosby habeas-corpus merits-determination procedural-bar procedural-rulings rule-60 statute-of-limitations |
Point 1 Should a Fed.R.Civ.P. 60(b) and 60(d)(3) mixed motion initially be reviewed de novo, without requiring a certificate of Appealability
Point 2… |
| 22-6964 |
Arthur Brown, Jr. v. Texas |
Texas |
2023-03-08 |
Denied |
IFP |
atkins-claim atkins-v-virginia capital-punishment eighth-amendment intellectual-disability moore-precedent moore-v-texas procedural-bar texas-criminal-code-article-11.071-section-5(a)(1) |
1. Is Mr. Brown entitled to a merits review of his Atkins claim under federal law, Moore I and Moore II, and was the procedural bar asserted by the Te… |
| 22-6502 |
Jerry Joseph Higdon, Jr. v. United States |
Eleventh Circuit |
2023-01-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-court constitutional-interpretation criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-challenge procedural-bar sentencing sentencing-guidelines |
I.
IS
THE
UNITED
STATES
COURT
OF
APPEALS
FOR
THE
ELEVENTH CIRCUIT USING
ITS
PROCEDURAL BAR
RULES
IN
MANNER
INCONSISTENT
WITH
THE
UNITED
STATES
CONSTIT… |
| 22-6440 |
Damian Thomas v. Delaware |
Delaware |
2023-01-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process fourteenth-amendment perjured-testimony post-conviction post-conviction-relief procedural-bar prosecutorial-misconduct |
Was petitioner's Fourteenth Amendment right to due process of law violated when his conviction was obtained through the use of perjured testimony and … |
| 22-6277 |
Paul E. Pavulak v. United States |
Third Circuit |
2022-12-09 |
Denied |
Response WaivedIFP |
certificate-of-appealability fraud-on-court fraud-on-the-court habeas-corpus judicial-discretion procedural-bar rule-60 rule-60(d)(3) section-2255 successive-petition |
1. When a petitioner challenges a procedural bar in his 2255 which based on a fraud on the court, may a District Court Judge dismiss this motion as a … |
| 22-6150 |
Walter Raglin v. Tim Shoop, Warden |
Sixth Circuit |
2022-11-23 |
Denied |
IFP |
capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire |
1. Whether a capital defendant is deprived of the effective assistance of trial counsel when his lawyers repeatedly concede guilt of aggravated murder… |
| 22-6066 |
Brent Stephens v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-11-16 |
Denied |
IFP |
28-usc-2244 28-usc-2254 appeal appeal'\n\n'Whether the Federal Court of Appeals f appeal'\n\n'Whether the U.S. District Court Magist appellate-procedure certificate-of-appealability criminal-procedure due-process exhaustion exhaustion'\n\n'Whether the Federal Court of Appea federal-statute fifth-circuit habeas-corpus judicial-deference jury-trial jury-verdict magistrate-bar procedural-bar sentencing standard-of-review standard-of-review'\n\n'Whether the U.S. District trial-court-authority |
QUESTION A: Whether the Trial Court had the authority to supplant
the verdict of the jury on punishment?
QUESTION B: Whether the U.S. District Court … |
| 22-5413 |
Roderick Taylor v. Mississippi |
Mississippi |
2022-08-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-claims criminal-conviction due-process federal-treaties ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief procedural-bar strickland-v-washington |
WHETHER MISS. CODE ANN. 99-39 21 WAS UNREASONABLY USED THE BAR TO PETITIONER 'S FUNDAMENTAL ISSUES OF SEVERE IMPORTANCE THAT WHICH REVOLVES AROUND FED… |
| 21-8024 |
Demarcus Antonio Taylor v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-06-01 |
Denied |
IFP |
certificate-of-appealability civil-procedure constitutional-claim due-process federal-jurisdiction fifth-circuit habeas-corpus judicial-review procedural-bar standing |
[QUESTION ONE] Did the panel of the Fifth Circuit err by deciding
the merit of an appeal not properly before the Court to justify
the denial of a Ce… |
| 21-7902 |
Marc Anthony Lowell Endsley v. California |
Ninth Circuit |
2022-05-18 |
Denied |
IFP |
civil-procedure civil-rights due-process habeas-corpus judicial-discretion legal-remedy procedural-bar standing vexatious-litigant writ-denial |
Can a vexatious litigant order be used to deny a writ of habeas corpus? |
| 21-7605 |
Lwane A. Mansell v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
14th-amendment 28-usc-2254 6th-amendment brady-v-maryland brady-violation constitutional-rights discovery-violation due-process habeas-corpus ineffective-assistance procedural-bar sufficiency-of-evidence |
WHETHER THE DISTRICT COURT ERRED IN DENYING CLAIM ONE OF THE PETITIONER'S 28 U.S.C. § 2254 AS PROCEDURALLY BARRED WHEN THE STATE COURT VIOLATED HIS 5t… |
| 21-7379 |
Patrick Joseph Terry v. Oklahoma |
Oklahoma |
2022-03-16 |
Denied |
IFP |
civil-rights constitutional-violation due-process ex-post-facto native-american native-american-rights post-conviction-proceedings procedural-bar standing state-court-review terry-v-oklahoma |
1. "Did the State of Oklahoma 's refusal to provide the relief directed by
this Court in Terry v Oklahoma, 141 S, Ct. 191 (2020), rise to the
level … |
| 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… |
| 21-6063 |
Jason William Custer v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. |
Eighth Circuit |
2021-10-22 |
Denied |
Response WaivedIFP |
5th-6th-14th-amendments due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions miranda-rights pauper-defendant postconviction procedural-bar self-defense |
This is a First Degree Murder case, which resulted in the finding of guilt on all charges and a Life Without the Possibility (LWOP) sentence plus and … |
| 21-5809 |
In Re Dwayne Stoutamire |
|
2021-09-29 |
Denied |
IFP |
actual-innocence certificate-of-appealability due-process free-standing habeas-corpus pro-se-status procedural-bar procedural-default standing |
Does the constitution recognize free-standing claims of Actual inNoceNcy?
the facts presented meet the standard Articulated in Schlop v.Dlo, 513 U.5.… |
| 21-5722 |
Gregory Dew v. LaShann Eppinger, Warden |
Sixth Circuit |
2021-09-20 |
Denied |
Relisted (2)IFP |
actual-innocence constitutional-violation due-process evidence-review gateway-claim house-v-bell newly-supplemented-record procedural-bar |
IS A PETITIONER DENIED DUE PROCESS WHEN THE COURTS FAIL TO REVIEW ALL RELEVANT EVIDENCE IN THE OVERALL, NEWLY SUPPLEMENTED RECORD FOR AN ACTUAL INNOCE… |
| 21-5549 |
William D. Lauga v. Louisiana |
Louisiana |
2021-09-01 |
Denied |
Response WaivedIFP |
due-process fourteenth-amendment judicial-federalism privilege-and-immunities privileges-and-immunities procedural-bar racial-discrimination sixth-amendment |
1. IS THE STATE OF LOUISIANA VIOLATING THE DUE PROCESS CLAUSE OF THE SIXTH
AMENDMENT BY NOT ADDRESSING CLAIMS RAISED BY PETITIONER ON A LAW THAT IS
… |
| 21-5148 |
Gregory Dew v. Lashann Eppinger, Warden |
Sixth Circuit |
2021-07-21 |
Dismissed |
IFP |
actual-innocence constitutional-violation due-process evidence evidence-review gateway-claim house-v-bell newly-supplemented-record procedural-bar |
IS A PETITIONER DENIED DUE PROCESS WHEN THE COURTS FAIL TO REVIEW ALL RELEVANT EVIDENCE IN THE OVERALL, NEWLY SUPPLEMENTED RECORD FOR AN ACTUAL INNOCE… |
| 21-5127 |
Noel Aldana v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-07-16 |
Denied |
Response WaivedIFP |
cause-and-prejudice constitutional-review double-jeopardy due-process habeas-corpus ineffective-assistance pro-se procedural-bar strickland-standard strickland-v-washington untimeliness |
Does a meritorious claim that a pro se Petitioner raises which clearly
present and meet the cause and prejudice standard addressed in the
Strickland … |
| 20-8447 |
Vinicio Jesus Garcia v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-06-30 |
Denied |
IFP |
civil-procedure civil-rights due-process federal-remedy habeas-corpus jurisdictional-distinction procedural-bar standing state-court supreme-court supreme-court-authority |
CAN A GOVERNMENT AGENCY CIRCUMVENT THE AUTHORITY OF THE SUPREME COURT OF THE UNITED STATES TO CREATE AN INVESTMENT LEADER TO A PROCEDURAL CASE, A 12.2… |
| 20-8255 |
Kenneth Darnell Williams v. United States |
Eleventh Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-claims fundamental-error ineffective-assistance-of-counsel more-usual-remedy procedural-bar writ-of-error-coram-nobis |
1. Whether a claim of actual innocence is cognizable on a writ of error coram nobis where new evidence of defendant's innocence is discovered after se… |
| 20-7989 |
Cash Wallace Pawley v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-05-11 |
Denied |
Relisted (2)IFP |
actual-innocence certificate-of-appealability civil-rights constitutional-claims due-process eleventh-circuit habeas-corpus procedural-bar |
1. WHETHER THE ELEVENTH CIRCUIT COURT OF APPEAL SO FAR DEPARTED FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS, AND/OR SANCTIONED A DEPART… |
| 20-7863 |
Martin G. Lewis v. DeWayne Hendrix, Warden |
Ninth Circuit |
2021-04-28 |
Denied |
IFP |
28-usc-2241 28-usc-2255 burrage-v-united-states detention-legality habeas-corpus jurisdictional-challenge merits-review procedural-bar retroactivity statutory-interpretation |
Whether the government should be foreclosed from relying on prior litigation that it concedes incorrectly invoked a procedural bar to review on the me… |
| 20-7788 |
Alexander Olivieri v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-16 |
Denied |
IFP |
certificate-of-appealability constitutional-law fifth-circuit habeas-corpus ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-bar trevino-v-thaler |
Is The Fifth Circuit effectivly overturning The Supreme
Court, and it's own rulings in not granting Olivieri a
Certificate of Appealability to conside… |
| 20-7646 |
Kennis Earl Gatson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-01 |
Denied |
IFP |
actual-innocence district-court due-process federal-courts fifth-circuit habeas-corpus procedural-bar schlup-exception schlup-v-delo standard-of-review |
DID THE FIFTH CIRCUIT ERR IN DEFERRING TO
THE DISTRICT COURT FINDING THAT PETITION
ER ' SSCHLUP V DELO, "EXCEPTION" TO OVER
COME THE PROCEDURAL BAR,… |
| 20-7620 |
Andrew Guy Moret v. Patrick Garrett, et al. |
Ninth Circuit |
2021-03-31 |
Denied |
Response WaivedIFP |
criminal-conviction habeas-corpus judicial-review mootness post-conviction pre-trial-claims pretrial procedural-bar successive-petition successive-writ |
1. Does a criminal conviction halt or defeat a pending pretrial Habeas Corpus Action?
2. Does the successive-writ doctrine bar a Petitioner from fili… |
| 20-7279 |
Ong Vue v. Oklahoma |
Oklahoma |
2021-03-01 |
Denied |
IFP |
actual-innocence criminal-appeals due-process fourteenth-amendment laches procedural-bar state-criminal-appeals |
Whether the Oklahoma Court of Criminal Appeals application of a state procedural bar and laches to Petitioner's actual innocence claims is contrary to… |
| 20-7075 |
J. P. Parnell v. Doctor Chen, et al. |
Ninth Circuit |
2021-02-09 |
Denied |
IFP |
administrative-review civil-procedure civil-rights due-process inmate-litigation judicial-discretion medical-need prison-reform procedural-bar standing |
At what point is the judiciary obliged to curtail efforts to procedurally bar inmate litigation and consider gross salient factors that are persuasive… |
| 20-6308 |
John Patrick Wallace v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-11-13 |
Denied |
IFP |
actual-innocence certificate-of-appellability civil-rights due-process fifth-circuit-precedent fourteenth-amendment habeas-corpus procedural-bar standing subject-matter-jurisdiction |
1.Does The State Lack Subject Matter Jurisdiction Under The Fourteenth Amendment Of The United States Constitution?
2.Can The Petitioner Demonstrate … |
| 20-6023 |
Carlos Anderson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Florida |
2020-10-15 |
Denied |
Response WaivedIFP |
constitutional-review eighth-amendment graham-v-florida juvenile-sentencing life-sentence procedural-bar state-court-decisional-law state-court-law |
Can the Florida Supreme Court use state court decisional law to procedurally bar a non-homicide juvenile defendant from seeking relief from an illegal… |
| 20-5729 |
Amos Westmoreland v. Glen Johnson, Warden, et al. |
Eleventh Circuit |
2020-09-17 |
Granted |
Response WaivedIFP |
actual-conflict-of-interest conflict-of-interest cuyler-v-sullivan due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-bar procedural-default sixth-amendment strickland-v-washington |
QUESTION#!:
Does the 11th Circuit decision conflicts with this Court's decision in Martinez v. Ryan . (2012),
since it ignores that in Martinez v. Ry… |
| 20-5516 |
Joseph Peter Garbarini v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-08-27 |
Denied |
IFP |
appellate-review certificate-of-appealability circuit-court district-court double-jeopardy due-process fifth-circuit ineffective-assistance-of-counsel judicial-disagreement procedural-bar |
Did the Fifth Circuit err in denying a certificate of appealability on a double jeopardy claim reasoning that I am procedurally barred when a debate e… |
| 20-5487 |
Jerome Adams v. Illinois |
Illinois |
2020-08-25 |
Denied |
Response WaivedIFP |
case-law civil-procedure civil-rights constitutional-claims due-process due-process-clause eighth-amendment procedural-bar res-judicata standing |
Whether the procedural bar of res judicata may serve as the basis for the dismissal of constitutional claims that were previously raised, but with sub… |
| 20-5317 |
Jeremiah Rodgers v. Florida |
Florida |
2020-08-11 |
Denied |
Response WaivedIFP |
criminal-procedure diagnostic-uncertainty due-process gender-dysphoria medical-evidence mental-health plea-bargaining plea-voluntariness post-conviction-relief procedural-bar |
1. Whether the newly discovered evidence of a criminal defendant's medical condition, including gender dysphoria, may implicate the voluntariness of a… |
| 20-5151 |
Antoine Reed v. Daniel Paramo, Warden |
Ninth Circuit |
2020-07-24 |
Denied |
Response WaivedIFP |
appointed-counsel clear-error compulsory-process credibility federal-district-court material-witness police-manipulation procedural-bar standard-of-review state-law state-law-error |
I Did the federal distf\ct_ccuov commit-clear error. Whan it deemed Mr.
secVvonj2.zs4 compulsoryprocess viola-
ti_QO_cV&lmaoJbe_anAn cognizable
lA… |
| 19-8850 |
Billy Joe Wardlow v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-07-07 |
Denied |
IFP |
circuit-split federal-habeas habeas-corpus merits-determination procedural-bar rule-60(b) successive-petition |
1. Whether a Rule 60(b) motion arguing that a procedural defect affected the district court's determination of the merits of the claims in a federal h… |
| 19-8206 |
Zaryl G. Bush v. Ohio |
Ohio |
2020-04-07 |
Denied |
IFP |
actual-innocence constitutional-rights fifth-amendment fourteenth-amendment procedural-bar sixth-amendment |
I. Should the State Courts be allowed to hide behind an alleged procedural bar when clearly the record of the case and the Petitioner's prima facie cl… |
| 19-8176 |
Homer Lawrence Lane v. Alabama |
Alabama |
2020-04-02 |
Denied |
IFP |
appellate-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-habeas legal-preclusion procedural-bar state-law state-rule structural-error |
WHETHER THE STATE OF ALABAMA MAY IMPOSE A STATE PROCEDRURAL BAR RULE TO PRECLUDE A STRUCTURAL ERROR CLAIM. |
| 19-7985 |
Charles Ray Hooper v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct |
1. Must a defendant who has been granted a Certificate of Appealability by the Court of Appeals continue to challenge a procedural bar ruling by the d… |
| 19-7870 |
Louis Ivester Peets v. Robert W. Fox, Warden |
Ninth Circuit |
2020-03-04 |
Denied |
IFP |
actual-innocence certificate-of-appealability habeas-corpus insanity-defense ninth-circuit ninth-circuit-review not-guilty-by-reason-of-insanity procedural-bar schlup-gateway schlup-test |
(1) If Petitioner provided sufficient newly presented evidence for all reasonable jurors to conclude that he was "not guilty by reason of insanity"—wo… |
| 19-7804 |
Ramon F. Flores v. United States |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
18-usc-3582 appeal criminal-procedure drug-quantity guideline-range guidelines procedural-bar sentence-reduction sentencing sentencing-amendment |
In a sentence reduction application matter pursuant to 1 8
U.S.C. § 3582(c)(2) under Amendment 782,to the Sentencing
Guidelines, if a defendant object… |
| 19-7390 |
Marshall Henry Ellis v. Oklahoma |
Oklahoma |
2020-01-23 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment |
1. Is a defendant serving Life for Murder I entitled to newly discovered
exculpatory material when that material would make it more likely that
the … |
| 19-7289 |
Willis Shane Gordon v. Sam Cline, Warden |
Tenth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines |
Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incri… |
| 19-7175 |
Curry Robinson v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al. |
Third Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment alibi alibi-claim federal-review fourteenth-amendment ineffective-assistance procedural-bar sixth-amendment |
I- WHETHER THE FEDERAL QUESTION OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS
THETPEESERVED CLAIM OF AN ALIBI WAS VAGUE?AND/OR UNEXHAUSTED THEREBY
P… |
| 19-6823 |
Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-04 |
Denied |
Relisted (2)IFP |
brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver |
Petitioner was sentenced to death at a trial at which he did not cooperate with counsel in preparing his defense, repeatedly disrupted proceedings, to… |
| 19-697 |
James Dwight Pavatt v. Tommy Sharp, Interim Warden |
Tenth Circuit |
2019-12-03 |
Denied |
Amici (2) |
aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling |
A divided panel of the Tenth Circuit, sitting en banc, vacated a panel opinion that reversed a capital sentence on the ground that the sentence rested… |
| 19-5986 |
Brian Whitaker v. Florida |
Florida |
2019-09-18 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment aedpa aedpa-standard arbitrary-governmental-action constitutional-rights due-process equal-protection postconviction-relief procedural-bar |
Do the guarantees of equal protection and due process of law, per the Fifth and
Fourteenth Amendment of the United States Constitution; extend to ind… |
| 19-5968 |
Carlos Cuesta-Rodriguez v. Mike Carpenter, Warden |
Tenth Circuit |
2019-09-17 |
Denied |
IFP |
capital-case capital-defendants direct-appeal ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan post-conviction procedural-bar public-defender trevino-v-thaler |
1. By operation of Oklahoma law, indigent defendants in Tulsa and Oklahoma Counties (the State's two most populous counties) are required to be repres… |
| 19-5827 |
James Michael Peluso v. Texas |
Texas |
2019-09-05 |
Denied |
IFP |
civil-rights collateral-proceedings constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-claim procedural-bar right-to-counsel sixth-amendment standing |
raise a claim of ineffective assistance at trial?
Whether a prisoner in Texas has a right to effective counsel in collateral proceedings which provid… |
| 19-5636 |
Roger Garcia v. United States |
Fifth Circuit |
2019-08-19 |
Denied |
Response WaivedIFP |
appeal-waiver due-process first-amendment overbreadth-doctrine plea-bargain procedural-bar special-condition special-conditions waiver-of-appeal |
1. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner's appeal to the Fifth Circuit wherein he arg… |
| 19-5617 |
Gary Ray Bowles v. Florida, et al. |
Florida |
2019-08-16 |
Denied |
Amici (2)IFP |
death-penalty due-process eighth-amendment eighth-amendment-prohibition execution-risk florida-supreme-court intellectual-disability procedural-bar standing state-procedural-bar state-procedure unacceptable-risk |
1. Can a state procedural bar override the Eighth Amendment prohibition against executing the intellectually disabled?
2. Does the Rodriguez procedur… |
| 19-5222 |
James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-19 |
Denied |
IFP |
abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel |
DID THE STATE OF TEYAS PROPERLY APPLY THE PROCEDURAL BAR (STATUE OF LIMITATIONS iN WRITNO. W89-85S62T (C-D) PURSUANT TO ART. 11.O7(4 OFTHE CODE OFCRiM… |
| 19-5012 |
Frank Sarcona v. United States |
Eleventh Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-issues constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel procedural-bar prosecutorial-misconduct |
1. Did the District Court and the Court of Appeals for the 11th Circuit err in relying on procedural bar instead of relying on the underlying constitu… |
| 18-9595 |
Mike Du Trieu v. Michael Martel, Warden |
Ninth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
28-usc-2254 appellate-review constitutional-law due-process federal-review habeas-corpus judicial-procedure procedural-bar state-court state-court-error |
Whether a federal court reviewing a state habeas decision must determine whether the state court erred in its application of a procedural bar when the… |
| 18-9372 |
Quisi Bryan v. Tim Shoop, Warden |
Sixth Circuit |
2019-05-21 |
Denied |
IFP |
aedpa constitutional-interpretation federal-constitutional-law federal-review federalism habeas-corpus panetti-v-quarterman procedural-bar retroactive-law retroactivity state-court |
Whether 28 U.S.C. § 2244 prevents a federal habeas court from reviewing a state court's voluntary and independent retroactive application of a new rul… |
| 18-9076 |
Bobby Glenn v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-05-01 |
Denied |
IFP |
actual-innocence due-process habeas-corpus habeas-petition herrera-v-collins mcguiggins-v-perkins mcquiggins-v-perkins newly-discovered-evidence procedural-bar procedural-default |
Petitioner untimely first habeas petition for actual innocence claim is continue to be procedural barred to relief because petitioner discovered evide… |
| 18-9013 |
Michael P. Crenshaw v. Illinois |
Illinois |
2019-04-26 |
Denied |
IFP |
14th-amendment 5th-amendment coerced-confession constitutional-claim due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance judicial-review miranda-rights procedural-bar statute-of-limitations substantive-evidence |
1) wher Extrating aN INvoluNtary CoNtessioN by Police threat's andlor promises when te. delectues Can Never be Harmless Error Rex vs- Teeples, 753 u5,… |
| 18-7847 |
Ronell Howlett v. Reed Richardson, Warden |
Seventh Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-court-review federal-review habeas-corpus habeas-corpus-28-usc-2254 procedural-bar rape-shield-law right-to-present-defense state-court state-court-review |
Question not identified. |
| 18-7431 |
Teddrick Batiste v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-15 |
Denied |
IFP |
28-usc-2254 death-penalty due-process evidentiary-hearing habeas-corpus ineffective-assistance organic-brain-damage procedural-bar state-court-deference wilson-v-sellers |
The post-conviction state court process in Batiste's case was inadequate for ascertaining the truth and lacked critical components of an adjudication … |
| 18-909 |
Valarie Davis v. Fiat Chrysler Automobiles U.S., LLC |
Sixth Circuit |
2019-01-14 |
Denied |
|
bad-faith bankruptcy bankruptcy-disclosure civil-claim civil-procedure civil-rights disclosure judicial-estoppel legal-doctrine procedural-bar standing takings |
Whether a plaintiff who fails to disclose her civil claim in bankruptcy is barred, under the doctrine of judicial estoppel, from pursuing her claim —e… |
| 18-7177 |
Robert Joe Gonzales v. Kelly Santoro, Warden |
Ninth Circuit |
2018-12-27 |
Denied |
Response WaivedIFP |
28-usc-2244 chavis federal-habeas habeas-corpus ninth-circuit procedural-bar procedural-bars statute-of-limitations summary-denial timeliness |
This Court explained in Evans v. Chavis, 546 U.S. 189 (2006), that a habeas corpus petition filed in a California appellate court within 30 to 60 days… |
| 18-7089 |
Esau Milliner v. Kathy Litteral, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel |
Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally entitled when trial counsel failed to present readi… |
| 18-6826 |
Carlos David Caro v. United States |
Fourth Circuit |
2018-11-26 |
Denied |
IFP |
§-2255-claim bop-data brady-violation criminal-procedure-brady death-penalty due-process exculpatory-evidence federal-prison government-misconduct procedural-bar sentencing sentencing-procedure suppression-of-evidence |
Whether the Fourth Circuit erred in ruling Caro was procedurally barred from raising a § 2255 claim that the Government's suppression of available exc… |
| 18-6250 |
Curtis Nairn v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-10-09 |
Denied |
Response WaivedIFP |
6th and 14th Amendment rights unexhausted and meritless which violated Petitioner's 5th aedpa amendment-violation civil-rights constitutional-amendments constitutional-claims constitutional-law constitutional-rights due-process eleventh-circuit exhaustion exhaustion-of-remedies habeas-corpus procedural-bar procedural-default section-2254 |
Whether the Eleventh Circuit Court of Appeal err when it denied Petitioner's §2254 petition as procedurally barred by AEDPA, unexhausfed and meritless… |
| 18-6201 |
Nicholas DeAngelis v. Bruce Plumley, Warden |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
28-usc-2244 28-usc-2255 actual-innocence cruel-and-unusual-punishment due-process eighth-amendment equal-protection federal-habeas federal-prisoners habeas-corpus procedural-bar procedural-bars time-limits |
The criteria in 28 U.S.C.S. §2244(d)(1) is identical to 28 U.S.C.S. §2255(f). The former per this courts holding in MóQuiggin v. Perkins, 569 U.S. 383… |
| 18-6147 |
Macking Nettles v. Connie Horton, Warden |
Sixth Circuit |
2018-10-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aedpa due-process guilty-plea habeas-corpus mental-incompetence procedural-bar substantive-due-process time-limit |
I. Whether a procedural bar or the AEDPA time limit apply to the substantive due process mental incompetence issue that petitioner plead guilty while … |
| 18-6107 |
Jacob Logan Stone v. United States |
Eighth Circuit |
2018-09-26 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-rights due-process notice opportunity-to-be-heard pro-se pro-se-litigant procedural-bar procedural-bars reentry summary-affirmance supervised-release |
Stone was summarily denied a modification of conditions of release based on a procedural ground he had no warning of or chance to brief. On appeal, de… |
| 18-5744 |
Arthur Lawton Clark v. Walter Berry, Warden, et al. |
Eleventh Circuit |
2018-08-24 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-violation due-process guilty-plea habeas habeas-corpus indictment indictment-insufficiency ineffective-assistance procedural-bar procedural-default |
Why do the fed.District Courts and the 11th Cir. Court of Appeals apparently agree that I have only stated that petitioner's indictment is simply "Fla… |
| 18-5507 |
Mark Schwarzman v. David W. Gray, Warden |
Sixth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights constitutional-claim criminal-procedure critical-physical-evidence due-process genital-herpes habeas-corpus herpes-simplex-virus medical-evidence procedural-bar schlup schlup-standard standing |
Is the highly infectious, extremely contagious, incurable sexually transmitted disease Herpes Simplex Virus HSV6-2 (genital herpes) a medical, scienti… |
| 24A1077 |
Benjamin Ritchie v. Indiana |
Indiana |
|
Denied |
|
fetal-alcohol-syndrome habeas-corpus ineffective-assistance-of-counsel martinez-v-ryan procedural-bar successive-postconviction-petition |
Question not identified. |
| 24A948 |
Michael Tanzi v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
|
Denied |
|
constitutional-law death-penalty federal-review jury-trial procedural-bar sixth-amendment |
Question not identified. |