propensity-evidence
40 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6977 | Basilio Jim Diaz v. United States | Eleventh Circuit | 2026-03-06 | Pending | Response WaivedIFP | character-evidence child-pornography federal-rules-of-evidence propensity-evidence rule-403 rule-404(b) | 1. Whether Federal Rule of Evidence 404(b) permits the government, in a prosecution for accessing child pornography with intent to view, to introduc… |
| 25-6953 | David Bert Paycer v. United States | Tenth Circuit | 2026-03-04 | Pending | Response WaivedIFP | child-molestation federal-rules-of-evidence jury-instructions preponderance-of-evidence propensity-evidence rule-414 | Whether a defendant against whom Rule 414 evidence is admitted is entitled, upon request, to an instruction directing the jury to consider that eviden… |
| 25-573 | Donald J. Trump, President of the United States v. E. Jean Carroll | Second Circuit | 2025-11-13 | Pending | Amici (5)Relisted (7) | evidence-rules propensity-evidence rule-403 rule-404b rule-413 rule-415 | I. Whether Federal Rule of Evidence 415 overrides Rule 403's requirement to balance the probative value of temporally remote propensity evidence again… |
| 25-5679 | Lewis Anderson v. California | California | 2025-09-18 | Denied | Relisted (2)IFP | constitutional-rights deadly-weapon due-process evidence-admission propensity-evidence trial-procedure | A. SHOULD UNITED STATES SUPREME COURT GRANT CERTIORARI REVIEW ON ASSAULT WITH DEADLY WEAPON CHARGE AND VACATE STATE'S COURT'S CONVICTION ON PROPENSITY… |
| 25-5533 | Stanton Guillory v. United States | Fifth Circuit | 2025-09-03 | Denied | Response WaivedRelisted (2)IFP | circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony | Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never… |
| 25-5155 | Luis Payano-Perez v. United States | Third Circuit | 2025-07-21 | Denied | Response WaivedIFP | evidence-admissibility evidentiary-purpose inference-chain propensity-evidence rule-404b trial-court-discretion | 1. Whether a trial court, in admitting evidence under Federal Rule of Evidence 404(b), must explicitly articulate the "chain of inferences" it relied … |
| 24A710 | Mitchelle Derwin Robinson v. United States | Eleventh Circuit | 2025-01-17 | Presumed Complete | admissibility-of-evidence criminal-procedure drug-trafficking evidence-rule-404b knowledge-and-intent propensity-evidence | Question not identified. | |
| 24-6313 | Eric St. George v. Jason Lengerich, Warden, et al. | Tenth Circuit | 2025-01-15 | Denied | IFP | criminal-procedure due-process evidence-admission fourteenth-amendment fundamental-fairness propensity-evidence | Does the admission of evidence that a criminal defendant possesses guns, weapons that are -'totally unrelated to the criminal allegation against him, … |
| 24-5519 | Matthew Peddicord v. United States | Eleventh Circuit | 2024-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-procedure evidence-admissibility prior-bad-acts propensity-evidence rule-404b | Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning. |
| 23-7174 | Richard Lee David Brown v. United States | Eighth Circuit | 2024-04-09 | Denied | IFP | appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence | 1. Whether the admission of two prior drug convictions for the purpose of arguing in closing that "[t]he defendant possessed that crack cocaine, and h… |
| 23-6489 | Robert E. Harrison v. United States | Eighth Circuit | 2024-01-17 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court | 1. Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the governmen… |
| 23A396 | Robert E. Harrison v. United States | Eighth Circuit | 2023-11-01 | Presumed Complete | criminal-procedure due-process evidence-rule-404b jury-trial prior-conviction propensity-evidence | Question not identified. | |
| 23-5762 | Isaiah Whitefox Redbird v. United States | Tenth Circuit | 2023-10-11 | Denied | Response WaivedIFP | where context made the basis of his objection to criminal-procedure evidence-preservation federal-rules-of-evidence plain-error-review preservation-requirement propensity-evidence tenth-circuit | Did the Tenth Circuit incorrectly hold that Mr. Redbird's claim was not preserved, where context made the basis of his objection to exclude the prosec… |
| 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… |
| 22-7663 | Aaron David Waldon v. Oklahoma | Oklahoma | 2023-05-30 | Denied | IFP | constitutional-rights due-process evidence-admission fair-trial horn-v-state prejudicial probative propensity-evidence sexual-assault trial-court-discretion | I. THE TRIAL COURT ABUSED ITS DISCRETION BY ALLOWING THE ADMISSION OF EVEIDENCE OF A RECORDING BELIEVED TO BE PETITIONER AND AN UNKNOWN MALE AS PROPEN… |
| 22-839 | Daniel Greer v. Connecticut | Connecticut | 2023-03-03 | Denied | Response Waived | constitutional-law criminal-procedure due-process evidence jury-instructions propensity propensity-evidence sex-crimes sexual-misconduct | Is the Due Process Clause violated when a jury at a sex crimes trial is instructed that evidence of uncharged sexual misconduct "is admissible and may… |
| 22-6581 | John Krasley v. United States | Third Circuit | 2023-01-19 | Denied | Response WaivedIFP | admissibility-standard circuit-split criminal-procedure defendant's-other-bad-acts evidence-rule federal-rules-of-evidence propensity-evidence rule-404(b) third-party-acts | The Third Circuit, deepening a mature circuit split regarding the scope of Federal Rule of Evidence 404(b), and its prohibition against propensity evi… |
| 22-5691 | Meamen Jean Nyah v. United States | Eighth Circuit | 2022-09-28 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence-rule-404b federal-rules-of-evidence firearms firearms-case judicial-interpretation prior-bad-acts propensity-evidence | Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib… |
| 21-6463 | William Martin Cresham v. California | California | 2021-11-30 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure domestic-violence due-process evidence evidence-law prior-acts propensity propensity-evidence | This case presents the question this Court acknowledged was "left open" in Estelle v. McGuire, 502 U.S. 62, 75, fn. 5 (1991): "whether a state law wou… |
| 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… |
| 20-8143 | Merwin Smith v. United States | Eighth Circuit | 2021-05-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) | Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the government c… |
| 20-7978 | Todd Alan Winkler v. California | California | 2021-05-10 | Denied | Response WaivedIFP | constitutional-rights criminal-trial due-process evidence fourteenth-amendment fundamental-fairness inflammatory-propensity propensity-evidence | Did the California Court of Appeal err when it concluded that inflammatory propensity evidence, pervasively used and erroneously admitted in the petit… |
| 20-7697 | Matthew Berckmann v. United States | Ninth Circuit | 2021-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony | Whether other act evidence under Rule 404(b) that involves the same "victim" (alcoholic husband and wife who fight after drinking too much) is automat… |
| 20-5560 | Briand Daniel Fechner v. United States | Eighth Circuit | 2020-09-03 | Denied | Response WaivedIFP | child-pornography criminal-procedure due-process eighth-circuit evidence evidentiary-rules propensity-evidence prosecutorial-misconduct search-and-seizure sixth-circuit | (1) Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside in… |
| 19-8588 | Robert Donelson v. United States | Eleventh Circuit | 2020-06-02 | Denied | IFP | 404(b) circuit-split criminal-case criminal-procedure defendant-rights evidence-rule federal-rules federal-rules-of-evidence prior-act-evidence propensity-evidence propensity-free-link | Whether Federal Rule of Evidence 404(b)'s prohibition against prior act evidence requires the government to demonstrate a propensity-free link between… |
| 19-8380 | Samory Azikiwe Monds v. United States | Eighth Circuit | 2020-04-29 | Denied | Response WaivedRelisted (2)IFP | admissibility circuit-split controlled-substances criminal-procedure evidence evidence-rule federal-rule prior-bad-acts propensity-evidence | Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib… |
| 19-6977 | Samuel T. Pitts v. Florida | Florida | 2019-12-17 | Denied | Response WaivedIFP | adult-victims character-evidence constitutional-rights due-process equal-protection propensity-evidence sexual-battery sexual-offenses | Whether constitutional equal protection and due process principles require that a defendant charged with a sexual offense on an adult alleged victim b… |
| 19-6000 | Kevin Kelley v. Illinois | Illinois | 2019-09-20 | Denied | IFP | compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony | Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch… |
| 19-5970 | Murad Razzaq v. Kansas | Kansas | 2019-09-17 | Denied | Response WaivedIFP | criminal-evidence criminal-procedure defendant-rights due-process due-process-clause evidence evidentiary-rules prior-bad-acts prior-crimes propensity-evidence state-prosecution state-supreme-courts unrelated-crimes | Does a state violate a defendant's due process rights by admitting evidence of a prior, unrelated crime? |
| 19-213 | Charles Fischer v. Texas | Texas | 2019-08-19 | Denied | Response Waived | appellate-review character-evidence constitutional-law criminal-conviction criminal-law due-process propensity-evidence propensity-inference statutory-interpretation texas-court-of-appeals texas-statute | Whether the Due Process Clause is offended by a statute that authorizes criminal convictions on the basis of character conformity and propensity. |
| 19-141 | Jeffrey Fairbanks v. Indiana | Indiana | 2019-07-30 | Denied | Response Waived | criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness | 1. Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evi… |
| 19-5 | Luis Arnaldo Baez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-06-28 | Denied | burden-of-proof constitutional-rights criminal-procedure due-process extraneous-evidence jury-instruction jury-trial limiting-instruction propensity-evidence | 1. Whether a jury instruction that permits conviction on proof of extraneous and propensity evidence, rather than on proof of all of the elements of a… | |
| 18-9774 | Hsiu Ying Lisa Tseng v. California | California | 2019-06-24 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process estelle-v-mcguire evidence federal-due-process fourteenth-amendment prior-act-evidence propensity-evidence state-trial | Whether this Court should finally decide that the admission of irrelevant prior act evidence in a state trial that amounts to nothing more than propen… |
| 18-9712 | Noe Juarez v. United States | Fifth Circuit | 2019-06-18 | Denied | Response WaivedIFP | conspiracy conspiracy-law criminal-procedure deliberate-ignorance due-process evidence evidence-404(b) evidence-rule-404b jury-instructions new-trial propensity propensity-evidence prosecutorial-misconduct | (1) What is the proper framework for determining whether a prosecutor's improper propensity-based arguments related to 404(b) evidence warrant a new t… |
| 18-9505 | Antonio Parra Perez v. Texas | Texas | 2019-05-31 | Denied | IFP | character-evidence criminal-procedure due-process prior-bad-acts propensity-evidence sex-crimes unconstitutional-as-applied unfair-prejudice | 1. Is Texas Code of Criminal Procedure Article 38.37 §2 , which permits evidence of prior bad acts to prove the character and propensity of a defend… |
| 18-1379 | Jeremy J. Godwin v. David Davey, Warden | Ninth Circuit | 2019-05-02 | Denied | Response Waived | 14th-amendment 5th-amendment certificate-of-appeal constitutional-rights due-process fair-trial habeas-corpus prior-bad-acts prior-conviction profile-evidence propensity-evidence | Was the decision of the Ninth Circuit to deny a Certificate of Appeal pursuant to 28 U.S.C. § 2253(c) under the standards set forth in Miller-El v. Co… |
| 18-8048 | Darnell D. Owens v. United States | Sixth Circuit | 2019-02-21 | Denied | Response WaivedIFP | constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release | Relying on historical practice dating back to English cases in the seventeenth century, the courts of appeals had consistently held that relying on a … |
| 18-6485 | Richard Elliott Cain v. Washington | Washington | 2018-10-29 | Denied | IFP | 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant | WHETHER THE TRIAL COURT ERRED IN FAILING TO GIVE THE JURY A LIMITING INSTRUCTION AFTER PERMITTING CHARACTER AND PROPENSITY EVIDENCE TO BE INTRODUCED A… |
| 18-6337 | Travis W. Williams v. Missouri | Missouri | 2018-10-16 | Denied | Response WaivedIFP | burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence | Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction… |
| 18-6176 | Michael Lucero v. California | California | 2018-10-02 | Denied | IFP | 6th-amendment confrontation-clause constitutional-rights criminal-evidence criminal-procedure domestic-violence due-process evidence fourteenth-amendment prior-acts propensity propensity-evidence | This case presents the question this Court acknowledged was "left open" in Estelle v. McGuire, 502 U.S. 62, 75, fn. 5 (1991): "whether a state law wou… |