prosecutorial-misconduct

1,093 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6794 Robert Emert v. Andrea Schuck, et al. Ninth Circuit 2026-02-11 Pending IFP due-process ineffective-assistance plea-breach prosecutorial-misconduct santobello-precedent section-1983 Whether a court of appeals may dismiss as "frivolous" a § 1983 plea-breach claim supported by recorded evidence and governed by Santobello v. New York…
25-6660 Demetrius Franklin v. Raymond Madden, Warden Ninth Circuit 2026-01-23 Pending Response WaivedIFP brady-violation certificate-of-appealability habeas-corpus ninth-circuit prosecutorial-misconduct summary-denial Petitioner Demetrius Franklin was convicted of first degree murder based on the testimony of a single identifying witness, Shanti Day. The prosecution…
25-884 Dontae Terrell Moore v. Texas Texas 2026-01-23 Pending Response RequestedResponse Waived criminal-procedure false-testimony habeas-corpus materiality-standard prosecutorial-misconduct texas-criminal-appeals Whether the Court should grant certiorari, vacate the TCCA's judgment, and remand to apply the correct "materiality" standard for false and misleading…
25A828 Ernest D. Suggs v. Florida Florida 2026-01-21 Application due-process habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct serial-killer Question not identified.
25-862 Michael Jerome Newberry v. Texas Texas 2026-01-20 Pending brady-violation capital-murder due-process habeas-corpus prosecutorial-misconduct state-court-review 1. Where the Petitioner, the State, and the habeas court all agree that a conviction is unconstitutional and must be reversed, does it violate due pro…
25-6584 Leihinahina Sullivan v. United States Ninth Circuit 2026-01-14 Pending Response WaivedIFP criminal-procedure due-process fifth-amendment judicial-misconduct prosecutorial-misconduct sixth-amendment (1) Whether Standley Counsel Richard Hoke Violated Sullivans waht +0 eelt vepresentahon when he filed a Nohcee of Tntent that =) to Judge wt. Michael …
25A803 Henry Wade v. United States Eleventh Circuit 2026-01-12 Application constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error Whether the Petition presents multiple preserved structural constitutional questions of exceptional national importance, including: constructive amend…
25-816 Kenneth R. Spirito v. United States Fourth Circuit 2026-01-09 Pending Response Waived brady-violation criminal-procedure due-process evidence-suppression habeas-corpus prosecutorial-misconduct Under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, prosecutors have an obligation to disclose evidence favorable to the accused, either bec…
25-6526 Johnny Ray Walls-Bey v. Arizona Arizona 2026-01-08 Pending Response WaivedIFP brady-rule due-process false-testimony napue-violation plea-agreement prosecutorial-misconduct (1) Where State Prosecutors knowingly used and failed to correct false sworn testimony in connection with the plea such as at the plea colloquy, in …
25-6497 Candelario Cruz-Trujillo v. Indiana Indiana 2026-01-06 Pending Response WaivedIFP appellate-review ineffective-assistance judicial-proceedings post-conviction-relief prosecutorial-misconduct waiver I. Whether the Indiana Court of Appeals ' holding that Candelario Cruz-Trujillo waived his post-conviction claim because he failed to make specific c…
25A761 Michael Jerome Newberry v. Texas Texas 2026-01-02 Application brady-violation constitutional-review due-process judicial-discretion prosecutorial-misconduct state-habeas Question not identified.
25-6402 Anwar Mithavayani v. United States Sixth Circuit 2025-12-18 Pending Response WaivedIFP certificate-of-appealability constitutional-claims habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct 1. Whether the lower courts provided sufficient and adequate process to test the legality of Petitioner's Detention under 28 U.S.C. § 2255 and due pro…
25-6362 Dan Ioan Belc v. Florida Florida 2025-12-15 Denied Response WaivedIFP confrontation-rights due-process ineffective-counsel jury-instructions prosecutorial-misconduct trial-court-discretion Six (6) District Anems of Prosecution Misconduct Alleged [Cumulative Effect Amount to Fundamentally Undermine Possibility of Getting a Fair Trial in W…
25A625 Louisiana, ex rel. Darrell J. Robinson v. Darrel Vannoy, Warden Louisiana 2025-11-26 Application brady-violation exculpatory-evidence impeachment-evidence post-conviction prosecutorial-misconduct supreme-court-review Question not identified.
25A586 Jonathan Harrelson v. Mississippi Mississippi 2025-11-18 Application affirmative-defense age-of-consent criminal-intent minor-victim prosecutorial-misconduct statutory-rape Question not identified.
25-6013 Kimberly Lee Kessler v. Florida Eleventh Circuit 2025-11-03 Denied IFP conflict-of-interest due-process habeas-corpus kangaroo-court prosecutorial-misconduct witness-tampering OR. tteARb me EVER. 8§Ft V41THCUT habbas Corpus )(3^JUSST<6M 3 KANGAROO CSURT Ktspr JUR.y OUT OP TRtlAL <»ouRTROCi/n FbR ftNTiRlT TRiAL— JUR.y NevgR …
25-5997 Tremane Wood v. Oklahoma Oklahoma 2025-10-30 Denied Amici (4)IFP brady-violation capital-punishment judicial-bias napue-violation prosecutorial-misconduct witness-testimony 1. Should this Court, after independently reviewing the factual record, grant Mr. Wood a new trial based on the Napue violation at his trial, as it di…
25-6001 Charles Chad Giese v. Edward Borla, Warden Ninth Circuit 2025-10-30 Denied Response WaivedIFP criminal-procedure due-process fair-trial ineffective-assistance miranda-rights prosecutorial-misconduct I. Did Trial Counsel Render Ineffective Assistance by Failing to present Evidence About the Psychological and Physical Effects of Methamphetamine and …
25-5982 Bani Marcela Duarte v. Lavelle Parker, Acting Warden Ninth Circuit 2025-10-29 Denied IFP due-process fair-trial ineffective-assistance prosecutorial-misconduct reasonable-doubt second-degree-murder I. Did the Prosecution Fail to Prove the Second Degree Murder Charge Beyond a Reasonable Doubt; Did Appellate Counsel Render Ineffective Assistance? …
25-5940 Stephen Elliot Powers v. Mississippi Mississippi 2025-10-22 Denied IFP brady-violation due-process exculpatory-evidence fair-trial fourteenth-amendment prosecutorial-misconduct (1) Whether the State's suppression of exculpatory evidence of an alternate, original suspect with a nexus to the victim deprived Powers of his right …
25-5900 Latisha Anderson v. United States Fourth Circuit 2025-10-16 Denied Relisted (3)IFP criminal-procedure due-process fifth-amendment liberty-interest prosecutorial-misconduct sixth-amendment I. THE FOURTH CIRCUIT 'S DECISION FINDING NO PROSECUTORIAL MISCONDUCT OR NO IMPROPER INTERFERENCE BY THE DISTRICT COURT IS CONTRARY TO THE FIFTH AM…
25-424 Patricia Ashton Derges v. United States Eighth Circuit 2025-10-08 Denied Response Waived appellate-review brady-violations constitutional-violations due-process judicial-misconduct prosecutorial-misconduct Whether seven constitutional violations — including violations of the Fourth, Sixth, and Fourteenth Amendments — over 120 Brady violations, and more t…
25-407 Scott Breimeister v. United States Fifth Circuit 2025-10-06 Pending Amici (1)Response RequestedResponse Waived double-jeopardy government-misconduct implied-consent mistrial prosecutorial-misconduct strict-scrutiny I. What constitutes implied consent to a mistrial when determining if a defendant has forfeited a Double Jeopardy claim? II. Does strict scrutiny app…
25-5703 In Re Steven Ray Wycoff 2025-09-23 Denied IFP aedpa-restrictions conflict-of-interest due-process habeas-corpus innocence-claim prosecutorial-misconduct 1. Whether upon.a court of appeals' denial of leave to file a second federal habeas application AEDPA's § 2244(b) (3) (E) prohibits any party from see…
25-5682 Damon Neal Dunbar, Jr. v. Oklahoma Oklahoma 2025-09-18 Denied IFP actual-innocence brady-violation constitutional-error jury-evidence napue-violation prosecutorial-misconduct 1. whether the Oklahoma court of criminal appeals erred in rejecting confessed constitutional errors under Brady and Napue and giving not weight to t…
25-5638 Okechukwu Amadi v. Pamela Bondi, Attorney General, et al. District of Columbia 2025-09-16 Denied IFP constitutional-rights department-of-justice due-process judicial-review mandamus prosecutorial-misconduct 1. Whether the district court erred in denying Petitioner Okechukwu Amadi's motion to compel the Department of Justice ("DOJ") to investigate allegati…
25-5633 Mica Alexander Martinez v. Christe Quick, Warden Tenth Circuit 2025-09-15 Denied IFP capital-sentencing due-process ineffective-assistance juror-unanimity prosecutorial-misconduct racial-bias Mica Martinez is a Native American steeped in Comanche culture. Mr. Martinez's defense counsel at trial warned the prosecution of putting on a "wild c…
25A275 Benjamin Jakes-Johnson v. United States Second Circuit 2025-09-09 Presumed Complete appellate-review certificate-of-appealability constitutional-right ineffective-assistance prosecutorial-misconduct section-2255 Question not identified.
25-5545 Miguel Angel Homedes v. United States Sixth Circuit 2025-09-04 Denied Response WaivedIFP appellate-review closing-argument due-process evidentiary-rules prosecutorial-misconduct trial-procedure Whether improper prosecutorial statements in closing argument are sufficiently flagrant to warrant reversal, where they inserted facts not directly in…
25-5484 Corey Blaine Coggins v. Eric Cox, Warden Eleventh Circuit 2025-08-27 Denied IFP actual-innocence brady-violation habeas-corpus ineffective-assistance joint-defense-agreement prosecutorial-misconduct 1. Did Coggins ' Public Defender 's (Weber) entering into a joint defense agreement with Coggins ' co-defendant 's (Tabor) lawyer without Coggins ' …
25-5469 Bryan Christopher Bell v. North Carolina North Carolina 2025-08-26 Denied Amici (5)IFP batson-challenge equal-protection gender-discrimination jury-selection postconviction-relief prosecutorial-misconduct Whether this Court may review the merits of an undisputable violation of J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) where the state court app…
25-5428 Rodger D. Stevens v. Michael Miller, Warden Tenth Circuit 2025-08-21 Denied IFP brady-violation due-process exculpatory-evidence habeas-corpus ineffective-assistance prosecutorial-misconduct 1) How does a defendant obtain the evidence that proves his innocence when the prosecutor knowingly presents false evidence and refuses to turn over t…
25-5403 In Re Michael Jay Harris 2025-08-19 Denied IFP actual-innocence constitutional-rights evidentiary-hearing habeas-corpus procedural-default prosecutorial-misconduct Question No. 1 Should Mr. Harris be permitted to raise his claims of prosecutorial misconduct based on newly obtained and never before presented evid…
25A188 Jessica Arong O'Brien v. United States Seventh Circuit 2025-08-15 Presumed Complete bank-fraud constitutional-interpretation ex-post-facto financial-institution prosecutorial-misconduct subject-matter-jurisdiction Question not identified.
25-5374 Artez Hammonds v. Alabama Alabama 2025-08-15 Denied IFP circuit-split due-process jury-instructions prosecutorial-misconduct self-incrimination sixth-amendment 1. Given an expanding circuit, and now state court, split regarding whether, under Griffin v. California, 380 U.S. 609 (1965) and Carter v. Kentucky,…
25-5313 Kevin William Cassaday v. United States Sixth Circuit 2025-08-08 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-violations due-process federal-procedure obstruction-of-justice prosecutorial-misconduct 1. Was the 1st, 4th, 5th, 6th, 8th, 13th & 14th U.S. Constitutional Amendments purposefully denied to Mr. Cassaday? 2. Upon arrest Mr. Cassaday aske…
25A160 Stephen Elliot Powers v. Mississippi Mississippi 2025-08-06 Presumed Complete alternative-suspect brady-violation capital-murder dna-evidence due-process prosecutorial-misconduct 1) whether the Mississippi Supreme Court may hold that Brady v. Maryland, 373 U.S. 83 (1963) claims and Brady-related prosecutorial claims are time an…
25A150 Maurice Cruz-Webster v. Brian Emig, Warden, et al. Third Circuit 2025-08-05 Presumed Complete cumulative-error habeas-corpus ineffective-assistance procedural-default prosecutorial-misconduct strickland-standard Question not identified.
25A143 Justin Baggett v. Texas Texas 2025-08-05 Presumed Complete habeas-corpus impeachment-evidence ineffective-assistance no-contest-plea plea-bargain prosecutorial-misconduct Question not identified.
25-5266 In Re Kimberly Lee Kessler 2025-08-04 Denied Relisted (2)IFP constitutional-violation due-process fair-trial jury-instructions prosecutorial-misconduct right-to-counsel Question not identified.
25-5257 Eric Sean Roloson v. Washington Washington 2025-08-01 Denied Response WaivedIFP criminal-procedure due-process involuntary-plea plea-bargaining prosecutorial-misconduct sentencing-alternative Whether the State's misrepresentation that the victims would support a SSOSA rendered Petitioner's plea involuntary, in violation of the Due Process C…
25A114 Scott Breimeister v. United States Fifth Circuit 2025-07-28 Presumed Complete double-jeopardy fifth-amendment governmental-misconduct mistrial prosecutorial-misconduct trial-procedure Question not identified.
25-5207 Jessica Salazar v. United States Ninth Circuit 2025-07-28 Denied Response WaivedIFP circuit-split criminal-procedure due-process first-amendment prosecutorial-misconduct religious-freedom In the criminal trial of Jessica Salazar, the prosecutor placed repeated emphasis on Ms. Salazar's request for a prayer. It was the first line of the …
25-5191 Steven Edward Stein v. Florida Florida 2025-07-24 Denied IFP brady-violation criminal-procedure due-process evidence-suppression materiality-standard prosecutorial-misconduct 1. Whether the Florida Supreme Court's determination that "equally accessible" evidence has not been suppressed by the State is contrary to Brady and …
25-5183 Manuel Javier Perez v. Texas Texas 2025-07-23 Denied Response RequestedRelisted (2)IFP brady-violation dna-evidence habeas-corpus materiality-standard prosecutorial-misconduct scientific-evidence IS DNA DIFFERENT FOR BRADY CLAIMS? The State prosecutors suppressed DNA evidence of a third-party contributor which their own expert had labeled ''im…
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…
25-5127 John W. Biddle v. Administrator, New Jersey State Prison, et al. Third Circuit 2025-07-16 Denied Response WaivedIFP due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment 1). Whether the Out-of-Court Identification Procedures violated Petitioner's Due Process Right under Neil v. Biggers, 409 U.S. 188 (1972); Manson v. B…
25-5083 Michael Bernard Bell v. Florida Florida 2025-07-10 Denied IFP death-penalty eighth-amendment evidentiary-hearing fourteenth-amendment prosecutorial-misconduct witness-recantation Does the Petitioner's execution violate the Eighth and Fourteenth amendments to the United States Constitution when the conduct of the government and …
24-7496 Allen Odell Woods v. Keithe Turner, Warden Fifth Circuit 2025-06-25 Denied Response WaivedIFP brady-violation constitutional-claim criminal-procedure ineffective-assistance prosecutorial-misconduct witness-impeachment Was counsel's performance deficient when counsel failed to raise a Brady claim concerning Cellphone Transcripts, Fingerprint Analysis Reports, and Sup…
24A1265 Charles L. Payne, II v. Ohio Ohio 2025-06-23 Presumed Complete due-process fourteenth-amendment harmless-error prosecutorial-misconduct sixth-amendment witness-vouching Does a trial court violate a defendant's rights under the Sixth and Fourteenth Amendments when it permits prosecutorial and police vouching for a witn…
24-7397 John Fitzgerald Hanson v. Oklahoma Oklahoma 2025-06-11 Denied IFP brady-violation capital-murder diligence-standard evidence-suppression prosecutorial-misconduct witness-testimony 1) Whether a court may impose a diligence standard rendering any evidence that can be obtained from witnesses per se available via the exercise of rea…
24-7395 In Re Isaac Gray 2025-06-10 Denied IFP brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel 1. Did the State court erred in denying trial counsel was ineffective in failing to suggest how cross-examination might have been beneficial concernin…
24-7385 Luster Pernell Burns, Jr. v. Jeff Tanner, Warden Sixth Circuit 2025-06-09 Denied Response WaivedIFP constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct DID THE PROSECUTOR ENGAGED IN INTENTIONAL MISCONDUCT IN A PREVIOUS TRIAL WHICH GOATED THE DEFENSE INTO MOVING FOR A MISTRIAL, WHICH BARRED RETRIAL IN …
24A1204 In re Anthony Floyd Wainwright 2025-06-06 Denied brady-violation capital-habeas due-process jailhouse-informant prosecutorial-misconduct suppressed-evidence Question not identified.
24-7368 In Re Anthony Floyd Wainwright 2025-06-06 Denied IFP brady-violation constitutional-rights due-process habeas-corpus jailhouse-informant prosecutorial-misconduct 1. Should this Court use its power to grant a writ of habeas corpus to a capital defendant who has no other available forum to raise his compelling du…
24-7367 Timothy D. Leners v. Ryan Schelhaas, Interim Attorney General of Wyoming, et al. Tenth Circuit 2025-06-06 Denied Response WaivedIFP amendment-rights castle-doctrine jury-instructions no-duty-to-retreat prosecutorial-misconduct self-defense ONE: Were Defendant's 2nd ((or 5th or 6th or 14th)) Amendment Rights violated when he was denied 'No Duty to Retreat' / ('Stand your Ground') Jury ins…
24-7352 Robert Allen Benney v. Thomas McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2025-06-04 Denied Relisted (2)IFP brady-doctrine constitutional-rights due-diligence equal-protection prosecutorial-misconduct youngblood-doctrine Since Youngblood & Brady are doctrines governing evidentiary preservation and focus on the prosecutions conduct, should courts be allowed to impose a …
24-7070 In Re Shawn Michael Chalifoux 2025-04-24 Denied IFP conspiracy controlled-substance false-testimony grand-jury prosecutorial-misconduct selective-prosecution 1) Does an Assistant U.S. Attorney have the authority to present perjurious testimony and/or false declarations before a grand jury and/or district co…
24-7036 Jose Padilla-Galarza v. United States First Circuit 2025-04-21 Denied Response WaivedIFP brady-violation certificate-of-appealability due-process ineffective-assistance prosecutorial-misconduct strickland-standard 1. Whether the denial of a Certificate of Appealability (COA) by the First Circuit conflicts with Slack v. McDaniel, 529 U.S. 473 (2000), where petiti…
24-1089 Feanyichi E. Uvukansi v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-18 Denied Response RequestedResponse WaivedRelisted (2) burden-of-proof due-process habeas-corpus materiality-standard perjured-testimony prosecutorial-misconduct The state courts found that the trial prosecutor knowingly presented and failed to correct perjured testimony that the only eyewitness to identify p…
24-1084 Steven M. Hohn v. United States Tenth Circuit 2025-04-17 Denied Amici (7) attorney-client-privilege constitutional-rights legal-prejudice prosecutorial-misconduct sixth-amendment trial-procedure Whether a prosecutor's intentional, unjustified intrusion into a defendant's attorney-client communications violates the Sixth Amendment without a sho…
24-6962 Prince L. Spellman v. United States Eighth Circuit 2025-04-11 Denied Response WaivedIFP fourth-amendment prosecutorial-misconduct reasonable-suspicion standing suppression-hearing terry-stop 1. ) Whether this Courts.decision in Combs v. United States 408 US 224, 33 L Ed 2d 308, 92 SCT 2284 (1972) and its progeny should be sustained when th…
24-6880 Charles Christopher Wendell v. Florida Florida 2025-03-27 Denied IFP due-process fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment witness-impeachment GROUND ONE: WHETHER THE FAILURE TO ADEQUATELY IMPEACH A WITNESS, IN A WHOLLY CREDIBILITY CASE, CONSTITUTES A VIOLATION OF THE SIXTH AMENDMENT 'S GUA…
24-6841 Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-03-25 Dismissed IFP capital-punishment defendant-rights fifth-amendment jury-instructions penalty-phase prosecutorial-misconduct Whether reasonable jurists would disagree that a prosecutor violates a capital defendant's Fifth-Amendment right not to testify at the penalty phase b…
24-6739 Christopher L. Smith v. Ohio Ohio 2025-03-11 Denied IFP batson-challenge due-process expert-witness-testimony fair-trial jury-discrimination prosecutorial-misconduct 1.) The question for this Court is whether the Ohio trial court clearly erred in not conducting the three-step analysis of Batson v. Kentucky 476 U.S.…
24-6704 Brian Jury v. Ohio Ohio 2025-03-05 Denied Response WaivedRelisted (2)IFP appellate-review brady-violation criminal-procedure due-process evidence-suppression prosecutorial-misconduct This case poses a constitutional question of national importance. Did the Ohio Sixth District Court of Appeals impose an improper and unduly burdensom…
24-937 Miguel Adan Cayetano v. Texas Texas 2025-03-03 Denied confrontation-clause constitutional-violations due-process fraud-on-court prosecutorial-misconduct supreme-court-authority 1. Since the District Attorney/State orchestrated fraud with (4) four witnesses assuring the Elements of the Crime were buttressed so that the jury wo…
24-6546 Robert Dorgay v. Paul Reif, et al. Seventh Circuit 2025-02-12 Denied Response WaivedIFP constitutional-amendments due-process-rights probation-restrictions prosecutorial-misconduct samson-precedent suspicionless-searches On the Friday before the Monday when a trial was to begin against a man accused of domestic violence allegations, the Prosecutor lost communication wi…
24-6494 Brandon Green v. United States Second Circuit 2025-02-06 Denied Response WaivedIFP brady-violation constitutional-stop-and-frisk due-process ineffective-assistance prosecutorial-misconduct sixth-amendment 1) WHETHER, THE SECOND CIRCUIT 'S AFFIRMATION OF MR. GREEN' S CONVICTION, DESPITE OVERWHELMING EVIDENCE OF PROSECUTORIAL MISCONDUCT INVOLVING THE USE …
24A755 Steven M. Hohn v. United States Tenth Circuit 2025-02-04 Presumed Complete attorney-client-communications ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-prejudice 1. This case presents the question whether a Sixth Amendment violation occurs when the prosecution intentionally and unjustifiably intrudes upon a def…
24-6394 In Re Saaed Moslem, et al. 2025-01-27 Denied Response WaivedIFP constitutional-rights judicial-fraud jury-instructions prosecutorial-misconduct statute-of-limitations writ-of-mandamus Whether the Second Circuit's failure to address Petitioners' claims of prosecutorial misconduct and judicial fraud, despite multiple emergency motions…
24-6383 Christian Ricker v. Indiana Indiana 2025-01-24 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment ineffective-assistance post-conviction prosecutorial-misconduct 1. Was a State Appellate Courts Finding that the States Prosecutorial Misconduct and Conditioning during Voir Dire was waived by Failure to Raise thes…
24-6365 Timothy M. Gemelli v. Perry Nicosia, District Attorney, 34th Judicial District Court, et al. Fifth Circuit 2025-01-22 Denied Relisted (2)IFP brady-violation constitutional-tort court-order-disobedience due-process evidence-suppression prosecutorial-misconduct Although he was acquitted in Louisiana, does Gemelli allege a Brady violation against the Louisiana prosecutors who disobeyed Three Court Orders to ha…
24-6303 Javarus T. Leach v. Illinois Illinois 2025-01-14 Denied IFP appellate-review constitutional-rights due-process ineffective-assistance post-conviction prosecutorial-misconduct 1. Did the Gourt violate defendant rights vhen the Gourt granted money to subpoena, in order to prqnare a defense that vas not. 2. Did the Cburt viol…
24-6279 Dickens Etienne v. Michelle Edmark, Warden First Circuit 2025-01-13 Denied Response WaivedIFP brady-disclosure exculpatory-evidence first-degree-murder habeas-corpus prosecutorial-misconduct self-defense Where there was suppressed exculpatory evidence, in the form of a proffer letter demonstrating that a key prosecution witness who provided significant…
24-710 Daniel D. Basile, III v. Illinois Illinois 2025-01-03 Denied Response Waived confession-evidence constitutional-amendments due-process grand-jury judicial-review prosecutorial-misconduct Whether the Illinois Supreme Court's holding in this case weakens the shield function of the grand jury process by inappropriately altering the standa…
24-687 Matthew P. Leipart v. United States Armed Forces 2024-12-27 Denied Response Waived constitutional-rights defense-counsel due-process military-justice prosecutorial-misconduct self-incrimination In opening statements for a litigated sexual assault case, defense counsel in a "spot of the moment" decision asked the military judge sitting as the …
24A608 Miguel Adan Cayetano v. Texas Texas 2024-12-19 Presumed Complete confrontation-clause due-process fourteenth-amendment medical-evidence prosecutorial-misconduct sixth-amendment Question not identified.
24A486 Jeremy Young Hutchinson v. United States Eighth Circuit 2024-11-15 Presumed Complete ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation Question not identified.
24-5961 James A. Bell v. Michele Dauzat, Warden Fifth Circuit 2024-11-14 Denied Response WaivedIFP 14th-amendment constitutional-violation due-process prosecutorial-misconduct trial-fairness witness-vouching 1. WHETHER A PROSECUTOR'S "BOLSTERING" OF A WITNESS TO U.S. v. YOUNG'S WHERE THE "BOLSTERING" ATTESTING TO THE TESTIMONY IS A PERMISSIBLE EXCEPTION PR…
24-5962 Preston M. Young v. Angela Phams, Warden, et al. Georgia 2024-11-13 Denied IFP criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment 1. Whether a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to demurrer indictment to …
24A465 Timothy M. Gemelli v. Perry Nicosia, District Attorney, 34th Judicial District Court, et al. Fifth Circuit 2024-11-08 Presumed Complete brady-violation due-process exculpatory-evidence fourth-amendment material-evidence prosecutorial-misconduct Question not identified.
24-5927 William Dale Watson v. William Streeter, Warden, et al. Eleventh Circuit 2024-11-06 Denied Relisted (2)IFP criminal-procedure evidence-admissibility judicial-error jurisdictional-challenge prosecutorial-misconduct trial-fairness 1. Mr. Watson alleged the circuit court did not have the jurisdiction to try his case or sentence him, due to his Forged waiver of arraignment by an o…
24-5912 David C. Lettieri v. Paul E. Bonanno, et al. Second Circuit 2024-11-05 Denied IFP absolute-immunity case-assignment due-process judicial-function jurisdictional-challenge prosecutorial-misconduct 1. Is absolute immunity a right? 2. Can abuse of process be dismissed by an immunity defense? 3. Can procutors and judges create fabricated evidence…
24-513 Darryl Carter, et al. v. James E. Stewart, Sr., in his Official Capacity as District Attorney of Caddo Parish, Louisiana Fifth Circuit 2024-11-05 Denied civil-rights jury-discrimination peremptory-challenges prosecutorial-misconduct racial-bias section-1983 1. Does a prospective juror who alleges they were struck as the result of a policy, custom, or usage of racial discrimination have a cause of action u…
24-496 William Michael Crothers v. Wyoming Wyoming 2024-10-31 Denied Response Waived brady-violation criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-credibility The Constitutional rule set out in Brady v. Maryland and its progeny requires prosecutors to disclose material, exculpatory evidence to the defense. I…
24-5843 Jerome R. Sueing v. Noah Nagy, Warden Sixth Circuit 2024-10-29 Dismissed Response WaivedIFP constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure I. Court violated Petitioner's right to due process — denied him his right to a fair trial by joining the unrelated cases of aggravated indecent expos…
24-5807 Christopher Collings v. David Vandergriff, Warden Missouri 2024-10-22 Denied IFP brady-violation cause-and-prejudice criminal-procedure due-process impeachment-evidence prosecutorial-misconduct The State built its death penalty case against Christopher Collings on the credibility of its primary law enforcement witness, Wheaton Police Chief Cl…
24-5791 Paul David Storey v. Texas Texas 2024-10-21 Denied Amici (2)IFP brady-violation death-penalty due-process eighth-amendment habeas-corpus prosecutorial-misconduct 1. Whether, as the State concedes, the State's suppression of favorable evidence and presentation of false argument at the penalty phase of a death pe…
24A343 Saaed Moslem v. United States Second Circuit 2024-10-11 Presumed Complete constitutional-rights fraud-on-court grand-jury judicial-misconduct prosecutorial-misconduct statute-of-limitations 1) Whether prosecutorial misconduct in misrepresenting material facts to a grand jury to circumvent the statute of limitations warrants dismissal of a…
24-5618 Daramis Lee Sharkey v. James M. Holloway, Warden Sixth Circuit 2024-09-24 Denied IFP constitutional-rights due-process evidence-misrepresentation jury-bias prosecutorial-misconduct trial-fairness 1. Is it true that actions of prosecutor in misrepresenting in evidence can advance a substantial doing so have profoundly impress a jury making signi…
24A288 Matthew P. Leipart v. United States Armed Forces 2024-09-23 Presumed Complete burden-of-proof court-martial ineffective-assistance military-justice prosecutorial-misconduct uniform-code-of-military-justice Question not identified.
24-5612 Prosecuting Attorney, 21st Judicial Circuit, ex rel. Marcellus Williams v. Missouri Missouri 2024-09-23 Denied Amici (1)IFP capital-punishment constitutional-error due-process jury-selection prosecutorial-misconduct racial-discrimination Whether due process of law requires reversal where a capital conviction is so infected with errors that the prosecutor who prosecuted the case no long…
24A283 Joseph William Hart v. Chance Andes, Acting Warden Ninth Circuit 2024-09-20 Presumed Complete brady-evidence capital-case habeas-corpus ineffective-assistance penalty-phase prosecutorial-misconduct Question not identified.
24-5589 In Re Joseph G. Aulisio 2024-09-20 Denied IFP cause-and-prejudice confrontation-clause due-process eighth-amendment false-testimony prosecutorial-misconduct 1. Is it Prosecutorial Misconduct and Complicity in Perjury when a Prosecutor Concedes during closing argument.a; critical material witnesses testim…
24-5553 Harry Franklin Phillips v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-09-16 Denied Relisted (5)IFP circuit-split constitutional-trial-error giglio-napue-claims habeas-corpus harmless-error prosecutorial-misconduct Whether a habeas court must apply Brecht harmless-error analysis to Giglio/Napue claims intertwined in a proceeding marred by a pattern of egregious p…
24A242 Paul David Storey v. Texas Texas 2024-09-06 Presumed Complete capital-sentencing constitutional-claims death-penalty habeas-corpus prosecutorial-misconduct victim-impact Question not identified.
24-5467 Joseph Miller v. Dan Redington Eighth Circuit 2024-09-05 Denied IFP constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-testimony I. Does Evidence That was in the STATE'S Possession: An Affidavit Signed by The PROSECUTOR: Recorded Evidence in Doctor's Note; And Transcripts from P…
24-242 In Re Peter K. Stern 2024-09-04 Denied Response WaivedRelisted (2) congressional-intent fifth-amendment judicial-bias prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction 1. Whether the Petitioner prevails on his claim of want of subject matter jurisdiction on the part of the District Court for the Western District of N…
24-5424 Bryan C. O'Rourke v. Carrie Bridges, Warden Oklahoma 2024-08-30 Denied IFP brady-violation criminal-statute due-process evidence-suppression judicial-interpretation prosecutorial-misconduct This is a case about: (1) the State of Oklahoma's suppression of material and exculpatory impeachment evidence in its possession to evade the presenta…
24-5326 Thomas E. Knuff, Jr. v. Ohio Ohio 2024-08-15 Denied IFP capital-defendant criminal-acts due-process improper-joinder jury-verdict prosecutorial-misconduct 1) Does the admission of improper and prejudicial evidence of other criminal acts by way of improper joinder violate a capital defendant's right to du…
24-5292 Shawn Paul O'Brien v. Kansas Kansas 2024-08-09 Denied IFP appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense For the Supreme Court of the United States to Correct these errors from the Court of Appeals of the State of Kansas and any error found from any other…
24-5275 Terrell Jason Armstrong v. United States Eighth Circuit 2024-08-08 Denied Response WaivedIFP criminal-procedure federal-rule motion-for-new-trial newly-discovered-evidence prosecutorial-misconduct witness-recantation Whether the District Court and the Court of Appeals erred in denying the Petitioner's Motion for a New Trial under Federal Rule of Criminal Procedure …
24-5217 Sheldon Hannibal v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2024-08-02 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence kyles-v-whitley materiality materiality-standard prosecutorial-misconduct witness-testimony In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that the prosecution violates due process when it withholds favorable evidence and the evide…
24-5214 Hsiu Ying Tseng v. Mona D. Houston, Warden Ninth Circuit 2024-08-01 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-interpretation legal-review ninth-circuit prosecutorial-misconduct writ-of-certiorari Whether the Ninth Circuit erred in holding that the prosecutorial misconduct did not violate due process?
24-5212 Clarence Wyatt Holland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-08-01 Denied IFP circuit-court due-process fundamental-justice harmless-error ineffective-assistance-of-counsel ineffective-counsel prejudice prosecutorial-misconduct supreme-court-law Did the Circuit Court reach its holding, after applying incorrect harmless-error standard and disregarding the compelling record evidence of prejudi…
24-5170 Eric Lee Smith v. United States Fourth Circuit 2024-07-30 Denied Response WaivedIFP civil-rights constitutional-rights criminal-conviction criminal-procedure due-process false-testimony government-misconduct napue-violation prosecutorial-misconduct Where the Assistant United States Attorney's representing the Government violates a standard announced in Napue v. Illinois by gaining a criminal conv…
24-5102 Alexi Hinojosa Matos v. Texas Texas 2024-07-18 Denied IFP appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application Due to the gross nature of trial counsel's errors, and the miscarriage of justice due to prosecutor's misconduct, should the Court of Criminal Appeals…
24A56 Troy Thomas York v. Arizona Arizona 2024-07-17 Presumed Complete constitutional-rights due-process fair-trial ineffective-assistance jury-finding prosecutorial-misconduct Question not identified.
24-5073 Billy Hammonds v. Fredeane Artis, Warden Sixth Circuit 2024-07-15 Denied Response WaivedIFP burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony I. WAS MR. HAMMONDS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE FEDERAL AND STATE CONSTITUTIONS (U.S CONST. 1963, ART l § 20) WHERE TRI…
24-5055 Tre'veon Demarcus Anderson v. Louisiana Louisiana 2024-07-11 Denied Response WaivedIFP confrontation-clause constitutional-rights douglas-v-alabama due-process fifth-amendment prosecutorial-misconduct self-incrimination sixth-amendment sixth-and-fourteenth-amendments The State knew Mr. Lawrence Guydel l Pierre, an admi tted pri ncipal to Ms. Chateri Payne's murder and an al leged co-conspi rator, woul d invoke hi s…
24-5037 William J. Kemp v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2024-07-10 Denied Response WaivedRelisted (2)IFP 5th-amendment criminal-procedure due-process griffin-v-california habeas-corpus ineffective-assistance jury-instructions miranda-rights prosecutorial-misconduct sixth-amendment 1. Does a prosecutor's violations of Federal Due Process, as were identified here by the trial court, or invalid jury instructions warrant habeas reli…
24-5018 Maureen McDermott v. Anissa De La Cruz, Warden Ninth Circuit 2024-07-08 Denied IFP aedpa aedpa-standard batson-challenge clearly-established-federal-law darden-v-wainwright death-penalty-review due-process ninth-circuit-review parker-v-matthews prosecutorial-misconduct QUESTION ONE: Every federal judge reviewing Maureen McDermott's prosecutorial misconduct claim (four judges, including the district court and each ju…
24-5004 Joshua Mounts v. Ohio Ohio 2024-07-03 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process expert-testimony expert-witnesses nazi-comparison personal-attacks prosecutorial-misconduct Whether violations of the United States Constitution occur where defense experts are not allowed to respond to criticism of their expert reports and w…
23-7838 Davit Davitashvili v. United States Third Circuit 2024-07-01 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-violations criminal-procedure due-process fifth-amendment mental-health-disclosure miscarriage-of-justice prosecutorial-misconduct sixth-amendment 1. Were there violations of the 5th and 6th Amendments? 2. Was Prosecutor Zalesky's lies and slander of my character and other misconduct a miscarria…
23-7813 John Ragin v. Chadwick Dotson, Director, Virginia Department of Corrections, et al. Fourth Circuit 2024-06-27 Dismissed IFP administrative-law brady-violation constitutional-law due-process exculpatory-evidence ineffective-assistance-of-counsel judicial-review legal-procedure precedent prosecutorial-misconduct right-to-a-fair-trial statutory-interpretation Question not identified.
23-7794 Michael T. Washington v. Brian Emig, Warden, et al. Third Circuit 2024-06-26 Denied Response WaivedIFP brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence perjury procedural-default prosecutorial-misconduct substantial-assistance 1. Is State Attorney undisclosed substantial assistance motion "Newly Discover Evidence " resulting in a Brady violation? And violation of Petitioner …
23A1162 Donte Parrish v. United States Fourth Circuit 2024-06-26 Presumed Complete appellate-review constitutional-claim criminal-procedure fourth-circuit ineffective-assistance prosecutorial-misconduct Question not identified.
23-7769 In Re Johnny Smith 2024-06-20 Denied Relisted (2)IFP bar-ethics court-rules criminal-procedure due-process indictment judicial-discretion judicial-misconduct legal-procedure prosecutorial-misconduct rule-of-court rules-of-court 1) WHY DOES A DEFENDANT/PETITIONER AFTER DENIAL OF APPEAL UNDER 3.850 AS FILED IN FEDERAL COURT ALL UNDER HABEAS CORPUS IS WARRANT? 2) PROSECUTOR DEL…
23-7736 Clarence Mack v. Margaret Bradshaw, Warden Sixth Circuit 2024-06-17 Denied IFP 28-usc-2254d2 brady-napue-claims brady-violation capital-punishment capital-trial habeas-corpus informant-testimony informant-witness napue-violation prosecutor-deal prosecutorial-misconduct unreasonable-determination Petitioner was tried in Ohio in 1991 for an aggravated murder committed during a carjacking allegedly perpetrated by two men. The State's entire case …
23-7723 Barbara Martin v. New Jersey New Jersey 2024-06-14 Denied IFP change-of-venue civil-rights constitutional-rights criminal-procedure due-process evidence-withholding prosecutorial-misconduct qualified-immunity standing witness-tampering Question not identified.
23-7708 Joshua Peters v. United States Third Circuit 2024-06-13 Denied Response WaivedIFP burden-shifting constitutional-law criminal-procedure due-process government-misconduct new-trial presumption-of-innocence prosecutorial-misconduct trial-order Before trial, the district court barred the Government from commenting that the defense had the opportunity to conduct independent forensic testing on…
23-7690 Wendell Johnson, aka Lamar Hill v. New Jersey New Jersey 2024-06-12 Denied IFP administrative-law civil-rights constitutional-law criminal-procedure due-process evidence ineffective-assistance-of-counsel judicial-bias judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation Question not identified.
23-7673 Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden Sixth Circuit 2024-06-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony 1.) WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO MOVE FOR A MISTRIAL, OR FILE A SEVERANCE MOTION IN THE CIRCUIT COURT, WHICH PREJUDICE HIS DEFENSE? FO…
23-7669 Anthony Bender, Jr. v. United States Seventh Circuit 2024-06-07 Denied Response WaivedIFP brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony 1. Whether the government's failure to disclose the dash camera video constituted a Brady violation? 2. Whether a conviction based solely on the test…
23-7619 Brandon Gibbs v. Texas Texas 2024-06-03 Denied IFP closing-argument constitutional-rights criminal-procedure due-process fifth-amendment prosecutorial-misconduct self-incrimination Did prosecutor improperly comment on Petitioner's failure to testify during closing argument, in violation of the Fifth Amendment?
23A1064 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-05-29 Denied capital-trial due-process false-testimony habeas-corpus plea-agreement prosecutorial-misconduct Whether the District Court abused its discretion in denying Mr. Mills' Motion for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60,…
23-7590 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-05-29 Denied IFP brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion (1) Where two judges on the lower court panel found that "no reasonable jurist could conclude that the district court abused its discretion" in denyin…
23-7544 Rodolfo Morales-Cortez v. United States Ninth Circuit 2024-05-22 Denied Response WaivedIFP burden-of-proof closing-argument criminal-procedure defendant-rights due-process objection-standard prejudice prosecutorial-misconduct Does a defendant who timely objects to a prosecutor's misconduct during closing argument nevertheless bear the burden to show that it caused him preju…
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony The district court erred by failing to grant a mistrial. Error in the following four respects, viewed in aggregate, deprived Mr. Rentfrow of his Sixth…
23-7509 Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-05-20 Denied IFP burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel In a capital case where the petitioner has always maintained his innocence, where the petitioner testified in his own defense, and where the prosecuti…
23-7499 Russell William Tucker v. North Carolina North Carolina 2024-05-17 Denied IFP batson-challenge batson-v-kentucky burden-of-proof disparate-treatment equal-protection jury-selection peremptory-strikes prima-facie-case prosecutorial-misconduct racial-discrimination I. Whether the Supreme Court of North Carolina was free to reject evidence of disparate treatment and impose on Petitioner the crippling burden of sho…
23-7496 In Re Olamide O. Bello 2024-05-16 Denied IFP access-to-court access-to-courts constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment speedy-trial-act standing Whether tre failure of tne Counsel to Pursue an appea\ Or Motion the Pebttonee wWourd hove Ofnerwise Puvsyed Wolate tne Sixth amendment Preyudice tn t…
23-7476 Julius Jerome Walker v. Oklahoma Oklahoma 2024-05-15 Denied Relisted (2)IFP abuse-of-discretion civil-rights criminal-procedure double-jeopardy due-process fundamental-rights ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct registration-requirements 1. Whether the District court in Muskogee county denied me my fundamental rights because of PROSECUTORIAL MISCONDUCT of Larry Moore former prosecutor …
23-7379 Michael Hebert v. Tim Hooper, Warden Fifth Circuit 2024-05-03 Denied Response WaivedIFP brady-violation constitutional-violations due-process evidence evidence-contamination fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct sixth-amendment QUESTION 1(A): Whether The Lower Court Erred Denying CO A On The Claim Of Prosecutorial Misconduct Where The State Pvefused To Reveal Evidence And Fa…
23-7316 David James Lack v. Rob Bonta, Attorney General of California Ninth Circuit 2024-04-26 Denied IFP case-document civil-rights court-filing due-process judicial-process juror-misconduct jury-selection legal-document new-trial petition prosecutorial-misconduct related-cases J-UR.PR. VA'.sce>u<WV.* skouli jvroa-. £e.tJe u_?kz> uA>rk«_c[ k<f_5 UJ>/)y '-f > fO ^f,ne0 b«. 46^d -Ho; |. Kift+ cLise.Us«- k ■<£- krxtccj -H\e_ t?i…
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…
23-7120 Chaviz Wofford v. Illinois Illinois 2024-04-02 Denied IFP case-statement constitutional-provisions criminal-procedure due-process ineffective-assistance-of-counsel jurisdiction opinions plea-bargaining prosecutorial-misconduct sentencing statutory-provisions writ-of-certiorari Question not identified.
23-7115 Timothy D. Hinkle v. Kentucky Kentucky 2024-04-01 Denied Response WaivedIFP criminal-procedure due-process hearsay hearsay-rule jury-instructions prosecutorial-misconduct sexual-assault witness-credibility Petitioner was found guilty of rape first-degree, tampering with a witness and assault fourth-degree during trial. The facts of the case, however, log…
23-7105 Katherine Barrett v. Kentucky Kentucky 2024-03-29 Denied Response WaivedIFP closing-arguments criminal-procedure due-process home-incarceration jail-credit jury-instructions presumption-of-innocence prosecutorial-misconduct I. THE PROSECUTOR ENGAGED IN FLAGARANT MISCONDUCT WHEN HE TOLD THE JURY IN CLOSING "THAT THE PRESUMPTION OF INNOCENCE. . .IS GONE " II. DID TRIAL C…
23-7083 Orlando Kim Ferguson, II v. Missouri Missouri 2024-03-27 Denied IFP article-i-section-19 constitutional-interpretation double-jeopardy due-process missouri-constitution oregon-v-kennedy prosecutorial-misconduct retrial 1. Is the Missouri Constitution Article I; Section 19; limiting Double Jeopardy rights on retrial following intentional prosecutorial misconduct under…
23A852 Melvin Bonnell v. Chris McBee, Warden Sixth Circuit 2024-03-20 Presumed Complete circuit-review death-penalty habeas-corpus prosecutorial-misconduct ripeness-doctrine youngblood-claim Question not identified.
23-6982 Paulius Telamy v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-03-13 Denied Response WaivedIFP brady-v-maryland brady-violation civil-rights criminal-procedure due-process evidence-suppression favorable-evidence postconviction-relief prosecutorial-misconduct suppressed-evidence Whether, reasonable jurists could debate whether, under Brady v. Maryland, 373 U.S. 83 (1968), the prosecution suppressed favorable evidence at Petiti…
23-6961 Jacob Smith v. John Henley, Warden, et al. Ninth Circuit 2024-03-11 Denied IFP burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation X £r*'ifb A^edq-e^ The Trial frosecaiot lia\ fdhcor\cl\idt~ r^i 4w sh>f% fKe Bo/de/n of froofi kr^cj 7W MfSroiiU faM fa &) y^eee/vf eyfde/\ceprove My …
23-6893 Jacob A. Rubini v. Illinois Illinois 2024-03-05 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process grand-jury ineffective-assistance ineffective-assistance-of-counsel perjured-testimony perjury post-conviction-relief prosecutorial-misconduct Pro Se Post Conviction Petition On May 23, 2022, Rubini filed a pro se post conviction petition. (C. 680). In this petition, Rubini raised the follow…
23A802 Raj G. Shekar v. Illinois Illinois 2024-02-29 Presumed Complete conflict-of-interest constitutional-rights discretionary-review fourth-amendment judicial-bias prosecutorial-misconduct Question not identified.
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…
23-6864 In Re Solomon Roberts 2024-02-29 Dismissed Relisted (2)IFP brady-violation civil-procedure constitutional-rights due-process habeas-corpus ineffective-assistance parole-revocation probation-revocation prosecutorial-misconduct standing Question not identified.
23-6868 David Wayne Nelson v. Jim Salmonsen, et al. Ninth Circuit 2024-02-29 Denied Response WaivedIFP certificate-of-appealability due-process equal-protection evidentiary-hearing habeas-corpus judicial-procedure prosecutorial-misconduct Did the U.S. court of appeals err when it denied a Certificate of Appealability and/or remand to the district court to allow the petitioner (Nelson) t…
23-6848 Stewart Smith v. Laurel Harry, Superintendent, State Correctional Institution at Camp Hill, et al. Third Circuit 2024-02-28 Denied Relisted (2)IFP bias certificate-of-appealability constitutional-rights due-process habeas-corpus habeas-relief ineffective-assistance-of-counsel partial-pcra-jurist pro-se procedural-default prosecutorial-misconduct WAS PETITIONER'S GUILTY VERDICT OBTAINED AND SUSTAINED IN VIOLATION OF DUE PROCESS, PROSECUTORIAL MISCONDUCT, INEFFECTIVE ASSISTANCE OF COUNSEL, BIAS,…
23-934 Areli Escobar v. Texas Texas 2024-02-27 Denied Amici (4)Relisted (4) capital-murder capital-punishment criminal-conviction dna-evidence due-process false-evidence habeas-corpus jury-verdict misleading-evidence prosecutorial-misconduct unreliable-evidence 1. Whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it. 2…
23-6825 Jmarreon Mack v. United States Fifth Circuit 2024-02-26 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fair-trial judicial-integrity prosecutorial-misconduct trial-fairness rtme Coufi -fo ufldc? my WlfoMgCitj CoNVicfioKj \y\ \oWer U.$, pis-Mcf CoukS n Circuit ^ Sravif me Release,5 i zs'K Ail of -fhe Unikd S+jf& Supreme …
23-6831 Thomas E. Creech v. Idaho Commission of Pardons and Parole, et al. Ninth Circuit 2024-02-26 Denied IFP clemency clemency-hearing constitutional-challenge constitutional-challenges due-process false-evidence harmless-error prosecutorial-misconduct (1) Does the State's intentional presentation of false evidence at a clemency hearing violate due process? (2) Under what circumstances, if any, does…
23-6810 Larry D. Mosley v. Phillip A. White, Warden Fourth Circuit 2024-02-23 Denied IFP Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion 1. Did the federalcourt's ruling on Mosley's Ineffective equal protectionAssistance of Counsel claim deny Mosley where the court had before itan evid…
23-908 Woojin Cho v. New York New York 2024-02-22 Denied Response Waived constitutional-error due-process harmless-error prosecutorial-misconduct reasonable-possibility standard-of-review trial-procedure witness-credibility I. Is it constitutional error for a prosecutor in summation to express her personal belief that the defendant lied on the stand? II. In reviewing sum…
23-6804 Jonathan Douglas Richardson v. North Carolina North Carolina 2024-02-21 Denied IFP batson-challenge batson-v-kentucky constitutional-rights flowers-v-mississippi jury-selection peremptory-challenges peremptory-strikes prosecutorial-misconduct racial-animus racial-discrimination Whether the Supreme Court of North Carolina violated this Court's clear precedent when it held that trial judges have "broad discretion" to refuse to …
23-6741 Gerardo Ortiz v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-02-13 Denied Response WaivedIFP confrontation-clause due-process fair-trial fundamental-fairness habeas-corpus prosecutorial-misconduct right-to-confront witness-testimony The prosecutor wrongly informed the complaining witness, Monica Doe, that she had a right to refuse to testify. At trial, she exercised that purported…
23-6730 Bryant Calloway v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony Whether despite evidence that the fundamental witness of the prosecution, in the shape of violation passed on the divergeceptions of Thomas Valdez Gui…
23-6727 Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2024-02-12 Denied Response WaivedIFP criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct In reference to Petitioner's Guilty Plea and Prosecutorial misconduct, the decisions of the lower courts are contrary to, or involv[ing] an unreasonab…
23-6704 Joshua P. Lindsey v. Sarah Evans Barker, Judge, United States District Court for the Southern District of Indiana Seventh Circuit 2024-02-08 Denied IFP appellate-review civil-procedure civil-rights constitutional-law constitutional-standards criminal-conviction due-process free-speech ninth-circuit prosecutorial-misconduct standing Deliberately Any Malicious VIOLATER Petitioner. Liaw. (Te Aimendnenlr CZ S Constitvtional. /2TEHT leith [Sedge Barker's (Two) [Consecutive Sanehen Or…
23-848 Wen Lian Patience v. Shannon Jackson, et al. Fifth Circuit 2024-02-07 Denied abuse-of-discretion appellate-review civil-rights constitutional-rights due-process eleventh-amendment-immunity judicial-misconduct pleading-requirements prosecutorial-misconduct section-1983-claim 1. Did the Fifth Circuit and district court exhibited negligence, violated their discretion, and permit judicial misconduct? 2. Whether the trial cou…
23-6664 Robert Edward Sindaco v. Florida Florida 2024-02-05 Denied IFP appellate-review bias constitutional-law criminal-procedure due-process fair-trial federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel prejudice prosecutorial-misconduct Question not identified.
23-6657 Erick Cruz v. New York New York 2024-02-02 Denied IFP burden-of-proof due-process evidence-authentication fair-trial opening-statements powerpoint-presentation presumption-of-innocence prosecutorial-misconduct trial-court-error Q1: During opening statements, the trial court, over defense counsel's objections, allowed the prosecution to use a Powerpoint presentation. This Powe…
23-6621 Adrian Ayala-Garcia, et al. v. United States Tenth Circuit 2024-01-30 Denied IFP attorney-client-communications collateral-attack guilty-plea pre-plea-claims prosecutorial-misconduct sentencing tollett-preclusion tollett-v-henderson I. Does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the government and a defendant from conditioning a guilty plea on the defendant's right to…
23-6573 Brenda Evers Andrew v. Tamika White, Warden Tenth Circuit 2024-01-25 GVR Amici (3)Relisted (23)IFP criminal-procedure cumulative-error due-process gender-presentation gender-stereotyping miranda-rights miranda-violation motherhood prosecutorial-misconduct sex-based-stereotypes sexual-discrimination sexual-history 1. Whether clearly established federal law as determined by this Court forbids the prosecution's use of a woman's plainly irrelevant sexual history, g…
23-6547 Billy J. Seabolt v. United States Fourth Circuit 2024-01-23 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial jury-instructions jury-trial legal-interpretation prosecutorial-conduct prosecutorial-misconduct right-to-a-fair-trial speedy-trial Is n a Or fS cleanly '*)■hrf'ai Me. ic/fen J Ury a ciiS^feSSeJ SikuaH&s? cturfoty a i°iy fr'iCii) Cl/)of; fkey Conk fad lor fhemseineL iky anj Hof <y …
23-6542 Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States Ninth Circuit 2024-01-23 Dismissed Response WaivedIFP 6th-amendment 6th-amendment-counsel constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review jurisdiction legal-jurisdiction prosecutorial-misconduct statutory-interpretation Question not identified.
23-6506 Alpheus Elite Hamilton v. Arizona Arizona 2024-01-18 Denied IFP 14th-amendment 5th-amendment constitutional-violation criminal-procedure dna-evidence due-process false-evidence miller-v-pate prosecutorial-misconduct Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, …
23-6482 Christopher J. Barnett v. Oklahoma Oklahoma 2024-01-12 Denied IFP appellate-review brady-rule constitutional-provisions conviction-integrity criminal-procedure due-process judicial-process legal-jurisdiction petition-review prosecutorial-misconduct supreme-court-procedure writ-of-certiorari MAY A COURT ENFORCE BRADY AND NAPUE VIOLATIONS THAT JEOPARDIZE A DEFENDANT'S RIGHT TO A FAIR TRIAL AND DOES THE BRADY/NAPUE ISSUES ARISE WHEN A CHANGE…
23-6475 Darrius Decnan Redd v. United States Eighth Circuit 2024-01-12 Denied Response WaivedIFP confrontation-clause credibility cross-examination due-process evidence-exclusion fair-trial prosecutorial-misconduct sex-trafficking i. In this case alleging sex trafficking by force, fraud, or coercion, whether the district court violated the Defendant's Due Process and Confrontati…
23-6438 Jean Jocelyn Merilien v. Andrew McFarlane, Warden, et al. Eleventh Circuit 2024-01-09 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence exhaustion habeas-corpus prosecutorial-misconduct standing trial-disclosure Question not identified.
23-6436 Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. Third Circuit 2024-01-08 Denied IFP brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence 1. Does Strickland v. Washington allow the Court of Appeals to dismiss the defendant's ineffective assistance of counsel claim based on "strong eviden…
23-6384 Monterial Wesley v. United States Tenth Circuit 2023-12-28 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-conflict criminal-justice-system due-process extraordinary-reasons prosecutorial-misconduct sentence-reduction sentencing statutory-interpretation Whether a combination of "extraordinary and compelling reasons" that may warrant a discretionary sentence reduction under 18 U.S.C. § 3582(c)(1)(A) ca…
23A590 Stephen Christopher Plunkett v. United States Fifth Circuit 2023-12-27 Presumed Complete ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment Question not identified.
23-6344 Michael Broomer v. Delaware Delaware 2023-12-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel Under U.S. Constitution Amendment(s) 4 and/or 5, and/or 14, does defendant have a right to due process? Was my right(s) violated? Under US Constituti…
23-680 In Re Frander Salguero 2023-12-22 Denied Relisted (2) brady-rule brady-violation constitutional-duty due-process false-evidence judicial-power mandamus mandamus-petition napue-rule prosecutorial-misconduct This Court has jurisdiction over the filed and pending certiorari petitions Salguero v. California, No. 23-610, (.Brady issue) & Salguero u. Court of …
23-6293 Shallon Hawkins v. David Vandergriff, Warden Eighth Circuit 2023-12-18 Denied Relisted (2)IFP actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court Did the United States District Court error, by denying my Claims for procedural defaultier tl rue thon, under Nociner, Glenn furstamental Fcnesy Vewly…
23-649 Lisa Price, as Personal Representative of the Estate of Nickie Miller v. Montgomery County, Kentucky, et al. Sixth Circuit 2023-12-15 Denied Relisted (13) 42-usc-1983 brady-v-maryland civil-rights court-order due-process exculpatory-evidence legal-discretion prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Nickie Miller was wrongly incarcerated for two years for a murder he did not commit. The charges were based on a coerced confession from a woman who l…
23-6256 Kenneth Ray Brabham v. Florida Florida 2023-12-14 Denied IFP civil-rights constitutional-violation due-process judicial-discretion judicial-misconduct prosecutorial-misconduct structural-defect structural-error sua-sponte trial-procedure Whether a trial judge, giving the appearance of partiality by taking sua sponte actions in favor of the state, violates structural due process? Is it…
23-6250 Matthew C. Spaeth v. United States Tenth Circuit 2023-12-13 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality collateral-attack plea-bargaining prosecutorial-misconduct sentencing sixth-amendment tollett-precedent I. Does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the government and a defendant from conditioning a guilty plea on the defendant's right to…
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson When a defendant pleads guilty, does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the defendant from collaterally attacking the sentence becaus…
23-6209 Eddie Savage v. Supreme Court of Ohio Ohio 2023-12-08 Denied IFP due-process judicial-bias judicial-ethics judicial-impartiality judicial-misconduct prosecutorial-misconduct Can a judge failure to uphold the law during a trial demonstrate a spirit of ill-will or undue friendship, "actual bias" or favoritism toward one of t…
23-6211 Bernard Antoine Hardrick v. Michigan Michigan 2023-12-08 Denied Response WaivedIFP adjudication civil-rights criminal-conviction criminal-enterprise due-process evidence-sufficiency exclusion jury-instructions prosecutorial-burden prosecutorial-misconduct self-representation trial-court-error I. Did The Trial Court Violate Petitioner's Right To Be Present Right To Counsel, And Right To Self-Representation When It Improperly Excluded Petitio…
23-6175 Phillip A. Kenner v. United States Second Circuit 2023-12-06 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence-standard government-witness napue-standard napue-v-illinois perjury prosecutorial-misconduct witness-perjury At a criminal trial, Petitioner sought to confront a Government witness with notes of an interview, taken by Government agents, which reflected a prio…
23-610 Frander Salguero v. California California 2023-12-06 Denied Response WaivedRelisted (2) brady-violation constitutional-rights due-process evidence-suppression fourteenth-amendment judicial-procedures material-evidence prosecutorial-misconduct sixth-amendment 1. Whether the effect on due process remains unchanged as to Brady's holding, "suppression by the prosecution of evidence favorable to an accused upon…
23-609 Frander Salguero v. Court of Appeal of California, Second Appellate District, et al. California 2023-12-06 Denied Response WaivedRelisted (2) constitutional-duty false-evidence habeas habeas-corpus mandamus prejudice-test prosecutor-misconduct prosecutorial-misconduct structural-error 1. Whether habeas is the sole remedy or remedy by mandamus is a permissible means to effectuate the constitutional duty to correct false evidence when…
23-6108 Bryan Scott Cavett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-27 Denied IFP compulsory-process constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment subject-matter-jurisdiction trial-procedure Whether or not State violates an accused persons Due Process Rights when Texas High Court denies his State 11.07 Habeas Corpus, Without Written Order,…
23-6109 Tou Thao v. United States Eighth Circuit 2023-11-27 Denied Response WaivedIFP 18-usc-242 civil-rights constitutional-rights criminal-procedure deprivation-of-rights due-process fair-trial prosecutorial-misconduct specific-intent willfulness The Petitioner was convicted of two counts of deprivation of rights under color of law resulting in bodily injury and death in connection with the dea…
23-6103 Alvin Celius Andre v. United States Eleventh Circuit 2023-11-22 Denied Response WaivedIFP burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation I. Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), "any indiv…
23-6089 Christopher Lenard Blockson v. Ronald Oliver, Warden, et al. Ninth Circuit 2023-11-22 Denied Relisted (2)IFP appellate-procedure civil-rights constitutional-law due-process federal-jurisdiction habeas-corpus judicial-misconduct judicial-review prosecutorial-misconduct standing Question not identified.
23-6088 Alpheus Elite Hamilton v. Arizona Arizona 2023-11-22 Denied IFP 14th-amendment 5th-amendment constitutional-violation criminal-procedure due-process false-evidence fifth-amendment fourteenth-amendment miller-v-pate prosecutorial-misconduct Did the State of Arizona violate the Due Process Clause when its prosecutor presented knowing use of false evidence to the jury as in Miller v. Pate, …
23-6070 Eric V. Bartoli v. United States Sixth Circuit 2023-11-21 Denied Response WaivedIFP criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core.
23-6066 Kirk Lamar Williams v. Washington Washington 2023-11-20 Denied IFP civil-rights constitutional-rights criminal-procedure discovery-violations due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel probable-cause prosecutorial-misconduct search-and-seizure speedy-trial Question not identified.
23-6058 Liberty Anne Walden v. Jeremy Howard, Warden Sixth Circuit 2023-11-20 Denied Response WaivedIFP civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility I. Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate is…
23-6028 Delroy T. Booth v. Georgia Georgia 2023-11-16 Denied Response WaivedIFP burden-of-proof civil-rights double-jeopardy due-process fair-trial prosecutorial-misconduct Question not identified.
23-6023 David Sattazahn v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2023-11-15 Denied Response WaivedIFP brady-disclosure brady-violation due-process giglio-disclosure giglio-v-united-states habeas-corpus plea-bargaining prosecutorial-misconduct united-states-v-bagley witness-bias witness-inducement Because there is a split in the Circuits on the issue, should this Court instruct the lower courts to uniformly apply the law that, under United State…
23-5996 Lyndon Fitzgerald Pace v. Shawn Emmons, Warden Eleventh Circuit 2023-11-13 Denied Relisted (9)IFP aedpa capital-sentencing constitutional-error death-penalty due-process ineffective-assistance jury-argument jury-instructions prosecutorial-misconduct right-to-silence Lyndon Pace was convicted of four counts of malice murder in an Atlanta, Georgia trial. Thereafter, the prosecutor asked jurors to sentence him to dea…
23-5994 James Jordan McClain v. Tammy Campbell, Warden Ninth Circuit 2023-11-13 Denied Response WaivedIFP brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter 1. In assessing whether extraordinary circumstances stood in a petitioner's path for equitable-tolling purposes, do those circumstances need to make e…
23-469 Andrew P. Witt v. United States Armed Forces 2023-11-02 Denied Response WaivedRelisted (2) criminal-procedure due-process fair-trial fundamental-fairness judicial-ethics military-justice military-sentencing prosecutorial-misconduct sentencing The prosecutor repeatedly exhorted the panel members to consider how their sentence would reflect on them personally and professional and suggested th…
23-5935 Michael Ray Thomas v. Adam Douglas, Warden Sixth Circuit 2023-11-01 Denied IFP appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence After a United States District Judge orders the appointment of counsel sua sponte "in the interest of justice," may a United States court of appeals s…
23-5922 Maxwell Chibueze Ezenwa v. United States Fifth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest 07/06/2016, altered to 07/07/2016 by A warrantless arrest made on a Harris County Sheriff Sergeant who issued a "Pocket Warrant", trespassed movant's …
23-5909 Eric A. Zevely v. United States Sixth Circuit 2023-10-30 Denied Response WaivedRelisted (2)IFP 18-usc-3582 article-iii-courts constitutional-challenge criminal-procedure federal-court-jurisdiction federal-criminal-conviction judicial-power prosecutorial-misconduct standing subject-matter-jurisdiction Question not identified.
23-5861 Joseph Pierre v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-10-23 Denied Response WaivedRelisted (2)IFP brady-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel kyles-v-whitley prosecutorial-misconduct sixth-amendment sixth-amendment-right Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court when they denied -wit…
23-5833 Sean William Roulo v. Minnesota Minnesota 2023-10-18 Denied Response WaivedRelisted (2)IFP 6th-amendment double-jeopardy due-process equal-protection fair-notice fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment 1. Was the prosecutor's deliberate refusal to communicate with petitioner after filing formal charges, including withholding the court's summons and t…
23-5819 Jason Green v. Warren L. Montgomery, Warden Ninth Circuit 2023-10-17 Denied Response WaivedIFP clearly-established-federal-law clearly-established-law due-process forum-shopping habeas-corpus judicial-fairness lockyer-v-andrade ninth-circuit-review panetti-v-quarterman prosecutorial-misconduct When the prosecutor got an adverse evidentiary ruling, he dismissed and refiled the same day in a different courthouse, ensuring that a different judg…
23A314 Matthew C. Spaeth v. United States Tenth Circuit 2023-10-10 Presumed Complete attorney-client-communications collateral-review guilty-plea prosecutorial-misconduct section-2255-motion tollett-v-henderson Question not identified.
23-5724 Taylor Scott Meece v. Wyoming Wyoming 2023-10-05 Denied Response WaivedIFP appellate-review constitutional-rights due-process fair-trial fourteenth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct sixth-amendment supreme-court-procedure 1. Did the Wyoming Supreme Court abuse its description in allowing only one opinion of the justice in affirming the conviction and sentence set forth?…
23-5707 Edward James Steiner v. Washington Washington 2023-10-03 Denied IFP case-review criminal-conviction criminal-procedure due-process evidence-tampering insufficient-evidence judicial-process jury-instructions legal-procedure prosecutorial-misconduct right-to-fair-trial (1) Was there prosecutor misconduct? (2) Was there tampering of evidence? (3) Was the Indictment not guilty? (4) Is there witness tampering? (5) W…
23-5664 Robert Edward Sindaco v. Florida Florida 2023-09-28 Denied Relisted (2)IFP appellate-review constitutional-rights criminal-procedure due-process ineffective-counsel newly-discovered-evidence perjury post-conviction-relief prosecutorial-misconduct witness-credibility Question not identified.
23-5661 Arnaldo Martinez v. Florida Florida 2023-09-27 Denied Relisted (2)IFP civil-rights constitutional-rights due-process fifth-amendment fourteenth-amendment mis-charging prosecutorial-misconduct standing Did the Respondent, State of Florida, deny the petitioner of his Fifth and Fourteenth Amendment right to Due Process when it first, moved to prosecute…
23-304 Thomas Neilsen v. John Kellner, in His Official Capacity as District Attorney, et al. Colorado 2023-09-26 Denied Response Waived black-letter-law brady-rule civil-rights declaratory-relief due-process heck-doctrine heck-v-humphrey mooney-v-holohan prosecutorial-misconduct section-1983 supreme-court-precedent In this case, Prosecutors for the 18th Judicial District in Colorado, acting as advocates for the State of Colorado convicted an innocent man by withh…
23-261 Henry L. Klein v. Louisiana Office of Disciplinary Counsel Louisiana 2023-09-18 Denied administrative-agency administrative-procedure axon-enterprise-v-ftc constitutional-rights due-process judicial-review lawyer-discipline meaningful-judicial-review prosecutorial-misconduct sec-v-cochran After FNBC Bank was closed by regulators at a $1 Billion loss, FDIC sold the bank's loans in a secondary market at deep discounts. Girod LoanCo, creat…
23A250 Lyndon Fitzgerald Pace v. Shawn Emmons, Warden Eleventh Circuit 2023-09-18 Presumed Complete AEDPA death-penalty habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct Strickland-standard Question not identified.
23-5596 Edward James Steiner v. Washington Washington 2023-09-15 Denied IFP citizenship civil-liberties constitutional-rights criminal-procedure due-process evidence federal-jurisdiction legal-standing prosecutorial-misconduct standing witness-tampering Was there prosecutorial misconduct? Was tape of evidence? Is this in state jail? Will this case and others bring like the first U.S. Citizens? Wil…
23-5594 Brim Bell v. New Hampshire New Hampshire 2023-09-15 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process false-testimony ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct sixth-amendment trial-procedure warrantless-search 1. Whether trial-counsel erred by not filing a motion to quash the indictments, despite the overwhelming-evidence that proves the investigating offi…
23-5576 Robert William Pann v. Sherry L. Burt, Warden, et al. Sixth Circuit 2023-09-14 Denied IFP access-to-courts ex-parte-proceeding extrinsic-fraud first-amendment lewis-v-casey prison-conditions prisoner-rights probate-court prosecutorial-misconduct IS PETITIONER'S FIRST AMENDMENT VIOLATED BY THE RULE ANNOUNCED IN LEWIS v. CASEY; TOO NARROW BY BEING STRICTLY FOR ATTACKS ON CRIMINAL SENTENCES AND P…
23-248 James Garfield Broadnax v. Texas Texas 2023-09-14 Denied Amici (1)Relisted (9) batson-challenge batson-violations black-defendant capital-case equal-protection habeas-corpus jury-selection prosecutorial-misconduct racial-discrimination white-victims Whether the Texas Court of Criminal Appeals' decision that Mr. Broadnax failed to establish a prima facie equal protection claim conflicts with this C…
23-5541 Mark A. Hartle v. New York New York 2023-09-07 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri…
23A178 Andrew P. Witt v. United States Armed Forces 2023-08-25 Presumed Complete capital-sentencing court-martial death-penalty ineffective-assistance-of-counsel prosecutorial-misconduct uniform-code-of-military-justice Question not identified.
23A163 Jason Green v. Warren L. Montgomery, Warden Ninth Circuit 2023-08-23 Presumed Complete certiorari due-process fair-trial habeas-corpus ninth-circuit prosecutorial-misconduct Question not identified.
23A152 Michael Lajeunesse v. Kris Karberg, Warden Eighth Circuit 2023-08-18 Presumed Complete fourteenth-amendment physician-patient-privilege prosecutorial-misconduct right-to-counsel sixth-amendment waiver-of-privilege Question not identified.
23-5395 In Re Justin Lewis 2023-08-18 Denied IFP 4th-amendment appellate-jurisdiction civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-court judicial-review prosecutorial-misconduct statutory-interpretation Question not identified.
23-5353 Chandra Modugumudi v. United States Seventh Circuit 2023-08-15 Denied Response WaivedIFP 1st-amendment 6th-amendment constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel language-barrier plea-agreement prosecutorial-misconduct sixth-amendment-rights Relief under appeal, the jurisdiction is ready for appeal as she applied for appeal within 14 days of sentencing she was sentenced on 06-24-2022. It i…
23-5336 Maurice Walker v. Nicholas Lamb, Warden Eighth Circuit 2023-08-10 Denied IFP constitutional-rights due-process felony-murder ineffective-assistance ineffective-counsel jury-instructions prosecutorial-misconduct reasonable-doubt 1) In this case the Uniform (Iowa) Jury Instructions were used and presented to the Jury, where Felony Murder-Rule was applied. The Jury convicted W…
23-5281 Morris Scott Holmes v. Tommy Bowen, Warden Georgia 2023-08-04 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure double-jeopardy due-process fair-trial habeas-corpus ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct I. D&U.BLS. IT£/SPAf\-DY 1 f*g4i4i an.i4r U/£LS faiLiud *rUfl4 du.il4u v of WaLiCd. flluftlCr fcdiLnil Dfde ^ t\\n.ct^£ of i/udicfmeAi + 'i'lLoHXX ^f…
23-5287 In Re William G. Haake 2023-08-04 Denied Relisted (2)IFP doctrine-of-speciality dual-criminality due-process extradition extradition-law habeas-corpus jurisdiction perjury prosecutorial-misconduct treaty-interpretation treaty-obligations WHETHER THE UNITED STATES TREATY 22 (1971) DEPRIVED FLORIDA OF JURISDICTION WHEN THEY KNOWINGLY USED PERJURED INFORMATION TO COMPEL SPAIN THROUGH TREA…
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment While investigating petitioner for alleged health-care fraud, federal prosecutors seized hundreds of petitioner's attorney-client privileged documents…
23-5257 Angel Rios-Edeza v. United States Ninth Circuit 2023-08-01 Denied Response WaivedIFP burden-of-proof closing-argument criminal-procedure due-process evidence-vouching jury-instructions ninth-circuit prosecutorial-misconduct rebuttal-argument Prosecutors are allowed to strike hard blows but not foul ones. Here, in closing and rebuttal argument, the prosecutor vouched for the evidence, impro…
23-5227 Luis Roman v. Illinois Illinois 2023-07-27 Denied IFP abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel Question not identified.
23-82 Joshua Isaiah Joyner v. Texas Texas 2023-07-27 Denied Response Waived constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to …
23A63 Johnny Johnson v. David Vandergriff, Warden Missouri 2023-07-24 Denied brady-violation due-process-clause habeas-corpus impeachment-evidence prosecutorial-misconduct suppression-of-evidence Whether the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), and the Due Process Clause of the Fourteenth Amendment by withholding material…
23-5151 Tony A. Berger v. Wood County Sheriff's Department, et al. Seventh Circuit 2023-07-20 Denied IFP brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility Would assistant district attorney have authority to deny exculpatory evidence brought to his office? Do deputies have authority to say someone who ha…
23-5147 Johnny Johnson v. David Vandergriff, Warden Missouri 2023-07-20 Denied IFP attorney-general brady-v-maryland brady-violation continuing-duty-to-disclose criminal-procedure critical-state's-witnesses due-process impeachment-evidence local-prosecutor's-office material-impeachment-evidence prosecutorial-misconduct witness-credibility Johnny Johnson was charged with the first-degree murder of six-year-old Casey Williamson. Mr. Johnson was diagnosed with schizophrenia as young as six…
23-5143 Lonnie Loren Kocontes v. California California 2023-07-19 Denied IFP civil-rights due-process gun-control high-seas international-treaties prosecutorial-misconduct second-amendment standing statutory-interpretation takings territorial-jurisdiction Whether the State of California lacked territorial subject matter jurisdiction over an alleged homicide on a foreign-flagged ship on the high seas, bo…
23-5118 In Re Dustin Ray Braddock 2023-07-18 Denied Response WaivedIFP criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error Whether the District Court erred in denying petitioner Braddock's right to expert and precipient witness testimony, and whether prosecutorial miscondu…
23-5109 Carl Lindsey v. Charlotte Jenkins, Warden Sixth Circuit 2023-07-14 Denied Relisted (2)IFP brady-v-maryland brady-violation certificate-of-appealability circuit-split due-process habeas-corpus key-witness overwhelming-evidence post-judgment-amendment prosecutorial-misconduct testimonial-immunity witness-credibility I. Carl Lindsey was convicted of aggravated murder and sentenced to death based on the critical testimony of Kathy Kerr, the lone witness to testify t…
23-5070 Samuel Tobin McKaig v. Arkansas Eighth Circuit 2023-07-11 Denied IFP 4th-amendment 5th-amendment civil-procedure civil-rights constitutional-law due-process free-speech judicial-review legal-issue precedent prosecutorial-misconduct statutory-interpretation Question not identified.
23-25 Michael Charles Ward v. James V. Chafin, et al. Eleventh Circuit 2023-07-07 Denied absolute-immunity appellate-procedure civil-procedure civil-rights constitutional-rights double-jeopardy due-process prosecutorial-immunity prosecutorial-misconduct section-1983 In 2010, Petitioner Charlie Ward was convicted of aggravated stalking and sentenced to 10 years in prison. The prosecutors who obtained that convictio…
23-5049 Marcus O. Singleton v. Scott Eckstein, Warden Seventh Circuit 2023-07-06 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error judicial-review prosecutorial-misconduct prosecutorial-vouching trial-misconduct wisconsin-courts witness-credibility 1. Whether the Wisconsin courts failed to address the issue presented to them that the prosecutor vouch for their witnesses. 2. Whether the prosecuto…
23-5052 Richie A. Stokes, Jr. v. New York New York 2023-07-06 Denied IFP constitutional-rights court-dismissal criminal-procedure due-process evidence judicial-discretion jury-tampering legal-standards prosecutorial-misconduct speedy-trial Question not identified.
23-5043 Coby Quinton Ceaser v. Tim Hooper, Warden Fifth Circuit 2023-07-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the juiy? Was Ceaser's trial rende…
23-5034 Omar Francisco Orduno-Ramirez v. United States Tenth Circuit 2023-07-05 Denied IFP attorney-client-privilege confidential-communications due-process prosecutorial-misconduct sentencing sentencing-phase sixth-amendment structural-error When prosecutors intentionally and without any legitimate law-enforcement justification access confidential attorney-client communications before sent…
22-7876 Gideon Charles Arrington, II v. Dyanna L. Street, et al. Eighth Circuit 2023-06-28 Denied IFP civil-rights criminal-procedure due-process false-evidence judicial-immunity legal-accountability moral-nation prosecutorial-misconduct 1. Is the use of false evidence a crime? 2. Are detectives, prosecutors, and judges immune from liability for the use of false evidence knowingly? 3…
22-7788 Deandre J. Baskerville v. Tim McConahay, Warden Sixth Circuit 2023-06-14 Denied Response WaivedIFP 14th-amendment constitutional-rights due-process equal-protection fair-trial jury-instructions prosecutorial-misconduct self-defense Question #1: Was Petitioner's due process and equal protection of law rights to a fair trial under the 14th Amendment of the U.S. Constitution violate…
22-7749 Alen Dean O'Bryant v. Oklahoma Oklahoma 2023-06-09 Denied IFP conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics prosecutor prosecutorial-misconduct recusal trial-judge 1. Did former Judge Henderson 's secret extramarital affair with a prosecutor in the same county in which he presided as judge create an "unconstitut…
22-1185 Anthony James Scott v. Georgia Georgia 2023-06-07 Denied Response Waived brady-violation criminal-procedure double-jeopardy due-process fifth-amendment mistrial mistrial-request prosecutorial-misconduct Did the Carroll County Superior Court and the Court of Appeals of the State of Georgia err when they held that the Carroll County District Attorney's …
22-7671 Eduardo Catarino Palacios v. Texas Texas 2023-05-31 Denied Response RequestedRelisted (2)IFP brady-violation chain-of-custody due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct texas-criminal-procedure Eduardo CatarLno Palacios was convicted of Murder t in Texas State Court largely based on False Testimony evidence and sentenced to 50 years. Petition…
22-7672 Marcus D. Winston v. Nebraska Nebraska 2023-05-31 Denied IFP 14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fair-trial prosecutorial-misconduct racial-rhetoric Whether the Nebraska Court of Appeals has decided an important question of federal law that has not been, but should be, settled by the United States …
22-1152 Najam Azmat v. United States Eleventh Circuit 2023-05-30 Denied Response WaivedRelisted (2) 28-usc-535 criminal-activity criminal-liability department-of-justice equal-justice immunity misprision-of-felony official-immunity prosecutorial-misconduct 1. Does the Department of Justice have an obligation to charge the prosecutors and Federal Agents if they engage in criminal activity during the cours…
22-7654 Juan L. Caballero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-26 Denied IFP civil-rights constitutional-review criminal-conviction due-process habeas-corpus insufficient-evidence newly-discovered-evidence prosecutorial-misconduct state-court-review sufficiency-of-evidence The Unitd Stat Court ofAppeal forthe Fith Cicut and the United States District Court for the Westem Dustrict of Texas haoentered a decision in conflic…
22-7641 Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-05-25 Denied IFP criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony #1. Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant. #2. Why…
22-1142 Jamil Al-Amin v. Georgia Georgia 2023-05-24 Denied Response Waived brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus material-evidence mistaken-identity planted-evidence possession prosecutorial-misconduct After Petitioner Jamil Al-Amin filed a federal habeas action challenging his Georgia conviction, the FBI for the first time produced: (1) a BOLO ("be …
22-7581 Michael D. Beiter, Jr. v. United States Eleventh Circuit 2023-05-17 Denied Response WaivedIFP access-to-records chilling-effect court-precedent due-process government-action grand-jury legal-relief legal-rights penalization procedural-limitation prosecutorial-misconduct selective-prosecution Whether, under Borderkircher v. Hayes, 434 U.S. 357, 358-59 (1978); North Carolina v. Pearce, 395 U.S. 711 (1969); Chaffin v. Stynchcombe, 412 U.S. 17…
22-7557 Germaine Coulter, Sr., aka Slim v. United States Tenth Circuit 2023-05-16 Denied Response WaivedIFP due-process fair-trial hearsay-testimony juror-coercion jury-coercion jury-deliberation jury-deliberations prosecutorial-misconduct sixth-amendment 1. Whether Mr. Coulter's Sixth Amendment rights were violated by the fact that the jury deliberations became publically known on how the jury was divi…
22-7536 Mark D. Sievers v. Florida Florida 2023-05-12 Denied IFP closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility At Petitioner's trial for the murder of his wife, the state prosecutor proceeded under a murder-for-hire theory that relied entirely on the testimony …
22-7509 Gary R. Thompson, Jr. v. Oklahoma Oklahoma 2023-05-10 Denied IFP blockburger-v-united-states constitutional-violation criminal-rights double-jeopardy due-process fifth-amendment hazel-atlas-glass-co-v-hartford prosecutorial-misconduct supreme-court-precedent united-states-v-dixon Under a certified question of law; Does (1) the double jeopardy protection contained within the Fifth Amendment of the United States Constitution, st…
22-7486 TyJuan Keith v. Illinois Illinois 2023-05-09 Denied Response WaivedIFP civil-rights due-process fair-trial ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct Question not identified.
22-7496 Akkeli Frederick v. California California 2023-05-09 Denied IFP civil-rights constitutional-violation criminal-procedure due-process fair-trial fifth-amendment illegal-interrogation involuntary-confession ninth-circuit prosecutorial-misconduct self-incrimination CjO-3 tv\ Qfo ae* c^LA.^'beA - PeA-iVt ©\ne.>r <^>V_a£> -VVua CLovav T-V-W? v'-e.N/xssi V(^. Vv^Ae\ACC Code SecA-ie>iA-i4-3L'20-'^ LOV\e^ VVv£. #\oUi…
22-7466 Richard Eugene Glossip v. Oklahoma Oklahoma 2023-05-04 Judgment Issued Amici (18)Relisted (12)IFP brady-v-maryland brady-violation capital-punishment due-process evidence-suppression false-testimony kyles-v-whitley materiality napue-v-illinois prosecutorial-misconduct witness-testimony 1. a. Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that w…
22-7405 Earl C. Handfield, II v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-04-28 Denied IFP brady-v-maryland counsel-performance due-process federal-courts legal-burden prejudice prosecutorial-misconduct strickland-v-washington 1. DOES BRADY V MARYLAND LAW WARRANT CLARIFICATION DUE TO FEDERAL COURTS ADDING A COUNSEL PERFORMANCE' PRONG TO THE BRADY ANALYSIS WHICH CONFUSES THE …
22-7406 Shawn Henry v. Florida Florida 2023-04-28 Denied Relisted (2)IFP civil-rights constitutional-rights due-process equal-protection fair-trial false-evidence fourteenth-amendment prosecutorial-misconduct state-action state-court-discrimination WHETHER PETITIONER WAS DENIED SUBSTANTIAL EQUALITY AND FAIR PROCESS WHERE STATE COURT ARBITRARILY DISCRIMINATED BETWEEN PERSONS APPLYING FOR RELIEF IN…
22-7341 Donnie Earl Phillips, Jr. v. Robert Ray Cowie, et al. Fifth Circuit 2023-04-21 Denied IFP civil-conspiracy civil-procedure civil-rights constitutional-violations damages due-process illegal-prosecution immunity legal-remedy malicious-prosecution prosecutorial-misconduct Wh^rt hjo Kme me acuMipifoV) m course of (Mon , 4^ winds Dh ^ otojflf or cujuc&ok aotm and one ormoce uolmu/Ui Cure r«r\ i\n Of -Hie Otycawe o^Mon an…
22-7337 Toforest Onesha Johnson v. Alabama Alabama 2023-04-20 Denied Amici (2)IFP brady-v-maryland brady-violation capital-murder death-penalty post-conviction-proceedings post-conviction-relief prosecutorial-misconduct reward-payment suppressed-evidence witness-testimony Did the State suppress evidence under Brady in the extraordinary circumstances of this death penalty case?
22-7329 Robert Wayne Gillman v. Florida Florida 2023-04-20 Denied Response WaivedIFP conflict-of-interest fair-trial fraud judicial-abuse-of-discretion judicial-discretion manifest-injustice prosecutorial-misconduct structural-defect 1. IS IT MANIFEST INJUSTICE WHEN CONFLICT OF INTEREST, PROSECUTORIAL MISCONDUCT AND JUDICIAL ABUSE OF DISCRETION AND FRAUD DEPRIVES DEFENDANT OF A FAI…
22-7281 Steven Ray Rouse v. North Carolina North Carolina 2023-04-13 Denied IFP civil-procedure constitutional-rights discovery discovery-violations due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure prosecutorial-misconduct witness-identification THE VELES IS BR-2F4,.50 EVEWLTWES DDENTLEICATION REFORM ACT, WHY IS THERE WAT A ETERUNE OF THE DEFEBANNT? DT HE SCEWE, DARK IW THE BALK OF THE PATHOL …
22-7277 Genard Alonzo Toney v. United States Eighth Circuit 2023-04-13 Denied Response WaivedIFP constitutional-rights criminal-conviction discovery due-process essential-element ineffective-assistance judicial-review plea-bargaining prosecutorial-misconduct sentencing-hearing trial-integrity 0 \aJ lAfcl'V' ^A< waT kiiowt'ftql WT o/vift13 5 of 4W cU (A 21 j£L4/>n 2) uiWt hXvX4 't'n'ai onA / -h> j' Ckimi ; _^'L IrtdicJ/Ht/tf,i/igfec4lV^ CLS…
22-989 Rodney Lynn Dalton v. Arizona Arizona 2023-04-11 Denied Response Waived appellate-review constitutional-rights criminal-trial cumulative-error due-process prosecutorial-misconduct standard-of-review What is the appropriate standard for determining cumulative prosecutorial misconduct in a criminal trial?
22-981 Emem Ufot Udoh v. Minnesota Minnesota 2023-04-10 Denied Response Waived brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief prosecutorial-misconduct right-of-access right-of-access-to-court The Minnesota Court of Appeals concluded that the scope of Chapter §590 does not permit or allow a Defendant to raise - right of access to court - ass…
22-7213 Brian Evan Roth v. Florida Florida 2023-04-05 Denied Response WaivedIFP burden-of-proof civil-rights closing-arguments criminal-procedure due-process evidence evidence-introduction judicial-discretion prosecutorial-misconduct trial-procedure 1. Did thetrial Court Err in allowing oncharged erimes not containod in the in farmatuen, to he introduced and sfotlighted as testimany? As well as be…
22-7186 Daniel Ray Mann v. Doug Clark, Warden, et al. Eighth Circuit 2023-04-03 Denied Response WaivedRelisted (2)IFP appellate-review civil-rights constitutional-rights criminal-procedure due-process expert-testimony plain-error plain-error-review procedural-default prosecutorial-misconduct vouching 1. Are AW "rUiW 2. \ 5 W-eof €_viWv\a: 11 Cjqyw AvAcvVvonW C$tl'*' iytK) fi'tjhA ftcccjnizej 3.5 AW. reWAW process ru^VA preseMeck unier "pWn errur V…
22-7156 James Anthony Rogers v. United States Eighth Circuit 2023-03-30 Denied Response WaivedIFP brady-violation civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct Question not identified.
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest I Detective Doyle testified that petitioner was arrested without a warrant for reckless driving. The reckless driving allegation is not supported by a…
22-7070 Kenneth Douglas Clark, III v. Pennsylvania Pennsylvania 2023-03-22 Denied IFP 6th and 8th Amendment rights by refusing to drop char and allowing a biased jury verdict excluding his self-defense claim constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-bias jury-exclusion prosecutorial-misconduct self-defense sentencing sentencing-guidelines trial-procedure 1. Is the Commonwealth of Pennsylvania in violation of the Petitioner's 5th and 8th amendment by refusing not to drop all charges against the Petition…
22-905 Troy A. Gregory v. United States Tenth Circuit 2023-03-17 Denied Response Waived closing-argument confession due-process hypothetical identification prosecutorial-misconduct Can a prosecutor act out a hypothetical confession by the defendant in closing argument when it is uncontested that the defendant did not confess?
22-7000 Nickless Whitson v. United States Sixth Circuit 2023-03-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ex-post-facto fair-trial prosecutorial-misconduct right-to-counsel sixth-amendment I- fj/l/l. UJHTrf^Aj Cd//r£/vX>5 '7'MA'T t/e /<l€C€i-v<~o 7A£Ff£errve. A5S7 s7AAC f o p CauAJsec Du/txbQ {~pzs 7^/to Afcode^cn&jci xA OJftecH Vep&z'…
22-855 Keith Raniere v. United States Second Circuit 2023-03-08 Denied Response Waived cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Because it impacts upon the very structure of the trial, should a finding of absolute harmlessness, rather than harmlessness beyond a reasonable doubt…
22-6909 Curtis Lynn Fauber v. Ronald Davis, Warden Ninth Circuit 2023-03-02 Denied IFP curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility At Curtis Fauber's trial, the prosecution relied on the testimony of two accomplices to secure his conviction and death sentence. Sensing that his key…
22-6898 John L. Love v. Daniel F. Martuscello, III, Superintendent, Coxsackie Correctional Facility Second Circuit 2023-03-01 Denied IFP abuse-of-discretion constitutional-error discretionary-review due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct relation-back strickland-standard unreasonable-application 1. Did the District court abuse its discretion under "unreasonable application" when petitioner Love's proposed amendment did "relate back" to the ori…
22-6871 Ahmed Khalil v. New York New York 2023-02-27 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process prosecutorial-misconduct sentencing speedy-trial I' Ktd Ti-cp&flc 7«e^ i*<&eQJK fitfi'TiVnif-U)ke*-e -fie pYaSsCvT^r osA«u w- \ahtti tLcr wVTW Wooy <W c^i^<s (xwa/,yer dlibyij 'f'L) cuzfioa J kofru#…
22-6870 Victor Rodriquez Kessel v. United States Eighth Circuit 2023-02-27 Denied Response WaivedIFP constitutional-rights due-process evidentiary-issues fair-trial fourth-amendment judicial-misconduct jury-tampering language-barrier miranda-rights prosecutorial-misconduct 1. Did the unethical and arbitrary act/action of the US Attorney of passing out candy in the midst of the petitioner's trial to the empaneled jury com…
22-6885 Juan Martinez Pedraza v. United States Fifth Circuit 2023-02-24 Denied Response WaivedIFP which provides that the government has a duty to cross-examination due-process false-testimony fifth-amendment government-witness napue-v-illinois perjury prosecutorial-misconduct Juan Martinez Pedraza was convicted on the strength of trial testimony by a co-defendant who entered into a written cooperation agreement with the gov…
22-6855 Alvin Lee Johnson v. Mississippi Mississippi 2023-02-23 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence WHETHER JOHNSON'S CONVICTION AND SENTENCE DERIVED FROM A DEFECTIVE INDICTMENT NOT BEING PRESENTED, RECEIVED AND FILED IN OPEN COURT? WHETHER JOHNSON'…
22-6830 Michael Joseph Loukas v. Sarah Schroeder, Warden Sixth Circuit 2023-02-23 Denied Response WaivedIFP 404(b) due-process evidence-standard ineffective-assistance-of-counsel judicial-discretion medication-warning-labels prior-bad-acts prosecutorial-misconduct separation-of-powers sixth-circuit-review 1. Was the Sixth Circuit decision based on an unreasonable determination of the facts in light of the Evidance presented in the state court proceedi…
22-798 William Michael Crothers v. Wyoming Wyoming 2023-02-23 Denied Response Waived brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony In a criminal case based on disputed eyewitness testimony, is the Constitutional rule set out in Brady v. Maryland and its progeny prejudicially viola…
22-6828 Luis Espinoza v. Tammy Foss, Warden Ninth Circuit 2023-02-22 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated by: (1) the jury's viewing a witness's refusal to testify; (2) the prosecutor askin…
22-6822 Timothy Alan Dunlap v. Idaho Idaho 2023-02-21 Denied IFP brady-disclosure brady-v-maryland criminal-procedure discovery due-process evidence exculpatory-evidence materiality-standard prosecutorial-misconduct Whether a defendant's ability to independently obtain exculpatory evidence is relevant to a Brady v. Maryland, 373 U.S. 83 (1963) claim?
22-6810 Jason Jarvis v. United States Sixth Circuit 2023-02-17 Denied Response WaivedIFP criminal-procedure criminal-prosecution defendant-rights due-process evidence evidentiary-rules fourth-amendment legal-standing prosecutorial-misconduct search-and-seizure suppressed-evidence 1) Whether suppressed evidence or evidence not belonging to the defendant can be used against the defendant to prosecute him?
22-6801 DeSean Alexander Bruce v. Arizona Arizona 2023-02-16 Denied Response WaivedIFP alibi-evidence due-process eyewitness-identification eyewitness-testimony fair-appeal fair-postconviction-proceedings fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-fairness FIRST : Was Petitioner denied due process, a fair trial, a fair appeal, and fair post conviction proceedings, due to the following circumstances: 1. …
22-6786 Cleveland Leroy Coaxum, Jr. v. Jeffrey Snoddy, Warden Fourth Circuit 2023-02-15 Denied Response WaivedIFP appealability constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-rules prosecutorial-misconduct trial-misconduct 1. DMdthe courts make an error on Ruling Petitioner's Habeas Corpus, as un-timely filed petition despite it being filed on time in the lower courts? …
22-6772 Marion Bowman, Jr. v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2023-02-14 Denied IFP alternative-perpetrator brady-materiality brady-v-maryland capital-sentencing exculpatory-evidence giglio-v-united-states habeas-corpus kyles-v-whitley materiality prosecutorial-misconduct witness-credibility Marion Bowman's convictions and death sentence rest on the compromised testimony of three witnesses who identified Bowman as the murderer. Two—James T…
22-6763 Cecil Wallace Williamson, Jr. v. Mike Heinricy, Warden Eighth Circuit 2023-02-13 Denied Response WaivedRelisted (2)IFP capital-case civil-rights constitutional-violation due-process false-confession habeas-corpus organized-crime prosecutorial-misconduct racketeering witness-tampering /r U GaPiTaL CaSL J. f fh*. 5+ah, ofXaoSc^ all outlet J~aSp<sr CoonTif bij fr Acktd-earhne^ multiple (^eruern mvirfhaA 'e^'/feS ~to P id via.f> me gr…
22-6759 In Re Charles Jordan 2023-02-10 Denied IFP brady-material civil-rights constitutional-errors counsel-silence default-rule due-process habeas-corpus plea-bargaining prosecutorial-misconduct standing state-officials 1. How can a petitioner lose appeal of rights on certain claims due to officials mishandling Court Order? 2. Why should the State enjoy the privilege…
22-6747 Jimmy Wayne Guinard v. Kris Mayes, Attorney General of Arizona, et al. Ninth Circuit 2023-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-suppression fair-trial jury-instructions prosecutorial-misconduct sentencing vouching The jury, whern he has never had charges of that nature and was charged with drug offerses. violate petotioner's uis.c.lothand 14th Amendment rights t…
22-6741 Donatus O. Mbanefo v. United States Eleventh Circuit 2023-02-09 Denied Response WaivedIFP brady-v-maryland brady-violation due-diligence due-process exculpatory-evidence giglio-standard giglio-v-united-states napue-v-illinois prosecutorial-misconduct self-help 1). Whether, to establish a violation of Brady v. Maryland, 373 US 83 (1963), a defendant must show that he could not have obtained the independent ef…
22-6733 In Re John B. Myles 2023-02-08 Denied IFP abuse-of-discretion appellate-review arrest-warrant due-process evidence evidence-exclusion ineffective-assistance-of-counsel judicial-discretion prosecutorial-misconduct sixth-amendment Question not identified.
22-6696 Rudy Garcia v. Texas Texas 2023-02-03 Denied IFP constitutional-rights criminal-appeals due-process equal-protection habeas-corpus ineffective-assistance-of-counsel legal-standards precedent prosecutorial-misconduct supreme-court-precedent trial-counsel Question 1: Xnlroducbi Q A *.Ike. lex.es Couri of Crlm'tr\a.l disbarrad Prasad^cr,- Ralph Padly s undisclosed Iona! m 'l scon duck RalidP in 4bai Ka…
22-6670 Jimmy Ray Lacy, Jr. v. Chandler Cheeks Sixth Circuit 2023-02-01 Denied Response WaivedIFP brady-v-maryland brady-violation due-process effective-assistance-of-counsel fair-trial fourteenth-amendment jailhouse-informant prosecutorial-misconduct sixth-amendment 1. Was Jimmy Ray Lacy Jr. denied a fair trial under the fourteenth amendment when a key state witness misled the jury as to the benefits received an…
22-6668 Aaron Lyons v. Brian Ladner, Warden Fifth Circuit 2023-01-31 Denied Response WaivedRelisted (2)IFP certificate-of-appealability civil-rights criminal-procedure dna-evidence due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel insufficient-evidence prosecutorial-misconduct standing 1. Petitionee has presented that key state witness 10:45 using cellphone while testifying against petitioner at trial. Petitioner was convicted solely…
22-700 Mark Howerton v. Texas Texas 2023-01-26 Denied criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct This Court has long held that a mistrial declared in the face of manifest necessity does not generally prohibit a retrial under the Fifth Amendment. W…
22-6623 Jarmell Raymond Mayweather v. United States Eighth Circuit 2023-01-25 Denied Response WaivedIFP brady-violation due-process evidence-suppression fourth-amendment franks-violation informant-falsification prosecutorial-misconduct search-warrant I.) Whether the government omission of evidence that was contrast affiant's Search Warrant Application (Hereafter "SWA") statements constituted a Brad…
22-6526 Anton Michael Kubica v. California California 2023-01-11 Denied IFP case-dismissal constitutional-rights criminal-procedure due-process evidence judicial-review material-evidence prosecutorial-delay prosecutorial-misconduct speedy-trial WAS THE APPELLANT DENIED HIS FEDERAL AND STATE CONSTITUTIONAL RIGHT TO DUE PROCESS, BECAUSE OF UNJUSTIFIED, PREJUDICIAL PROSECUTORIAL DELAY IN FILING …
22-6525 Keith D. Arline, Jr. v. California California 2023-01-11 Denied Relisted (2)IFP brady-claim constitutional-rights criminal-procedure due-process evidence-suppression exculpatory-evidence material-evidence prosecutorial-misconduct suppression-of-evidence williams-v-traylor 1) WHETHER THE CALIFORNIA SUPREME COURT RENDERED A DECISION IN VIOLATION OF THE LAW OF THE UNITED STATES SUPREME COURT AS PRONOUNCED IN BRADY V. MARYL…
22-6504 Donald Herrington v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2023-01-10 Denied IFP 14th-amendment 1st-amendment 5th-amendment 6th-amendment constitutional-amendments due-process free-speech grand-jury-fraud ineffective-counsel prosecutorial-misconduct trial-framework Petitioner offers these questions in hopes that all, one, or part of a question will be heard. QUESTION ONE: Did the Commonwealth of Virginia adopt a…
22-6500 Richard Eugene Glossip v. Oklahoma Oklahoma 2023-01-09 Dismissed Amici (2)Relisted (21)IFP brady-v-maryland brady-violation criminal-procedure due-process evidence-suppression impeachment-evidence materiality post-conviction-relief prosecutorial-misconduct standard-of-review suppressed-evidence witness-credibility 1. Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty…
22-613 Robert S. Schwartzberg v. Florida Florida 2023-01-04 Denied Response Waived attorney-client-privilege cumulative-error cumulative-error-doctrine ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct strickland-standard strickland-v-washington work-product-doctrine This case arises from a domestic dispute involving Petitioner, Robert S. Schwartzberg. The alleged victim claimed that he attacked and sexually assaul…
22-6453 Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-01-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing reneged on the plea bargain. Whether the District Court is bound by the original plea-agreement. Petitioner was resentenced. Whether a restitution h…
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 …
22-6411 Granville Ritchie v. Florida Florida 2022-12-29 Denied IFP anti-immigrant capital-penalty capital-punishment constitutional-rights equal-protection immigration-status impartial-jury jury-bias prosecutorial-misconduct unconstitutional-conditions Does the United States Constitution prohibit a prosecutor from suggesting to a capital penalty jury that the defendant, as a foreigner and an immigran…
22-6341 Angela Schmid v. United States Tenth Circuit 2022-12-19 Denied Response WaivedIFP civil-rights due-process equal-protection prosecutorial-misconduct selective-prosecution vindictive-prosecution Question not identified.
22-530 Daniel A. Bench v. United States Armed Forces 2022-12-08 Denied Response Waived child-witness confrontation confrontation-right court-martial plain-error prosecutorial-misconduct remote-testimony sixth-amendment Does a prosecutor's in-court lie to secure a witness's testimony constitute misconduct that materially prejudices an accused's Sixth Amendment right t…
22-6245 Wade Plair v. Supreme Court of Pennsylvania, et al. Third Circuit 2022-12-07 Denied IFP constitutional-violations double-jeopardy due-process equal-protection obstruction-of-justice prosecutorial-misconduct tampering-with-records DOES INTENTIONAL PROSECUTORIAL MISCONDUCT DISQUALIFY THE TRIAL COURT FROM PURSUING A SECOND PROSECUTION OF THE SAME CASE. ?1. WHEN A COMMON PLEAS COU…
22-6232 Trevor Jim Bishop v. California California 2022-12-06 Denied IFP due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proce…
22-515 Herbert Traver v. Pennsylvania Pennsylvania 2022-12-05 Denied Response WaivedRelisted (2) 14th-amendment 5th-amendment amendment-violation constitutional-rights cross-examination due-process fair-trial prosecutorial-misconduct Did the prosecutor in the trial before the lower court engage in intentional misconduct by employing a known falsehood when questioning the Petitioner…
22-6221 Oscar J. Martinez-Hernandez v. United States First Circuit 2022-12-05 Denied Response WaivedIFP conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment A. WHETHER FORMER PROSECUTOR WHO INSTITUTED THREE INDICTMENTS AGAINST A DEFENDANT AND 12 YEARS LATER DECIDES TO DEFEND HIM UNDER THE SAME THREE INDICT…
22-6219 Bruce Wood v. Robert May, Warden, et al. Third Circuit 2022-12-05 Dismissed Relisted (2)IFP actual-innocence certificate-of-appealability coa conflict-with-court-precedent due-process fundamental-miscarriage-of-justice habeas-corpus prosecutorial-misconduct rule-60 rule-60-motion 1. When Petitioner's exculpatory evidence infers an innocent man is imprisoned, did the U.S. Court of Appeals and District Court endorse a Fundamental…
22-519 Shawn Rogers Malloy v. Pennsylvania Pennsylvania 2022-12-05 Denied attorney-client-privilege brady-v-maryland brady-violation constitutional-remedy due-process prosecutorial-misconduct right-to-counsel sixth-amendment united-states-v-nobles 1. Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, pr…
22-6208 Jason Ross Gilley v. Raymond Madden, Warden Ninth Circuit 2022-12-02 Denied IFP 5th-amendment 6th-amendment civil-rights constitutional-violations due-process evidence-standards fair-trial prosecutorial-misconduct reasonable-doubt sixth-amendment 1. How long will the courts continue to allow the justice system to be abused, especially with such things as fact-trading, DA deals going on unobserv…
22-6199 In Re Cornell White 2022-12-01 Denied IFP constitutional-violation eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel missouri-supreme-court-rule procedural-default procedural-rule prosecutorial-misconduct second-petition 1. Can a federal district or appeals court deny habeas corpus relief without factual finding on the record, that a states asserted procedural default …
22-6171 Leihinahina Sullivan v. United States District Court for the District of Hawaii Ninth Circuit 2022-11-30 Dismissed IFP civil-rights constitutional-rights criminal-procedure due-process evidence-suppression government-misconduct grand-jury grand-jury-subpoena prosecutorial-misconduct subpoenas } i>£» if"c\base piroeett av\<\ vVoletiicrvi o4- Pc\i-hcme-rt£> H4-U Ame^mcnl Coi^bb^birviei I Du FceHtrwsf | R_u It^s, o-f Cin ion i nei |a\r\ <=- E…
22-6145 Daniel Alexander Rodriguez v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-11-22 Denied Response WaivedIFP arizona-law burden-shifting commenting-on-silence falsely-representing-evidence ineffective-assistance misstating-law misstating-witness ninth-circuit-review prejudice-analysis prosecutorial-misconduct strickland-standard Whether the Ninth Circuit incorrectly applied Arizona law in finding that multiple instances of prosecutorial misconduct, including falsely representi…
22-6136 Juan Martin Figueroa v. W. L. Montgomery, Warden Ninth Circuit 2022-11-22 Denied Response WaivedIFP brady-violation compulsory-process due-process ethical-standards fair-trial habeas-corpus prosecutorial-misconduct witness-testimony Whether the Prosecutor Deprived Figueroa of Due Process, Compulsory Process, and a Fair Trial by Intentionally Misleading Defense Counsel?
22-6107 Jarmal Williamson v. United States Eleventh Circuit 2022-11-18 Denied Response WaivedIFP batson-challenge batson-v-kentucky circuit-split equal-protection flowers-v-mississippi jury-selection peremptory-challenges peremptory-strikes prosecutorial-misconduct racial-discrimination Does Batson v. Kentucky, 476 U.S. 79 (1986), and its progeny, including Flowers v. Mississippi, 139 S. Ct. 2228 (2019), instruct courts to consider as…
22-6065 Samirkumar J. Shah v. United States Third Circuit 2022-11-16 Denied Response WaivedIFP adversarial-process conflict-of-interest criminal-procedure disqualification disqualification-motion due-process evidentiary-hearing prosecutorial-ethics prosecutorial-misconduct The situation in this case raises the question of whether the Petitioner, Samirkumar Shah, a practicing cardiologist whose former attorney, Tina Mille…
22-6055 Murray Hooper v. Arizona Arizona 2022-11-15 Denied IFP brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus napue-v-illinois post-conviction-relief prosecutorial-misconduct Once the state has admitted that material exculpatory evidence exists, does it have a duty to provide a defendant access to that evidence?
22-6061 Kyle Watkins v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2022-11-15 Denied Response WaivedIFP brady-v-maryland brady-violation constitutional-rights cumulative-effect due-process first-degree-murder habeas habeas-corpus law-enforcement law-enforcement-practices prejudice prosecutorial-misconduct In a habeas case involving a first degree murder conviction, whether a Court can construe Brady's prejudice prong so strictly that it becomes, in effe…
22-6032 Nicholas Sterling Little v. Ronald Haynes, Superintendent, Stafford Creek Corrections Center Ninth Circuit 2022-11-09 Denied Response WaivedIFP constitutional-rights criminal-defendant other-suspect other-suspect-evidence person-a person-b post-conviction post-conviction-evidence prosecutorial-misconduct suppressed-evidence Does it violate a criminal defendant's Constitutional Rights if Prosecutors use "Other Suspect" evidence to convict "Person A" of a crime "Person B" i…
22-6017 Reginald Eugene Grimes, Sr. v. United States Eleventh Circuit 2022-11-08 Dismissed Response WaivedRelisted (2)IFP certificate-of-appealability criminal-procedure due-process eleventh-circuit false-testimony perjury plain-error prosecutorial-misconduct sentencing sentencing-hearing (1) DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA COMMIT "PLAIN AND OBVIOUS ERROR" BY DENYING PETITIONER'S REQUEST FOR A C…
22-422 Kendall Streb v. United States Eighth Circuit 2022-11-07 Denied Response WaivedRelisted (2) abuse-of-discretion brady-violation civil-procedure criminal-procedure discovery due-process evidence-concealment government-misconduct hearing prosecutorial-misconduct witness-payments When the government intentionally conceals Brady evidence (payments and benefits to witnesses) on the eve of trial - in violation of DOJ policy, ABA S…
22-6007 Jerry Word v. John Christiansen, Warden Sixth Circuit 2022-11-07 Denied Response WaivedIFP civil-procedure due-process evidentiary-hearing fourth-amendment fraud-upon-court fraud-upon-the-court ineffective-assistance-counsel prosecutorial-misconduct remand search-and-seizure standing Whether the lower courts may reject a claims of fraud upon the court without addressing that issue or remanding the case to the lower courts where cle…
22-5974 Draco Aurum Rat v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-11-02 Denied IFP constitutional-rights due-process evidence-suppression evidentiary-issues fair-trial prosecutorial-misconduct witness-testimony 1) DID THE TRIAL A PROSECUTOR USED FALSE AND MISLEADING TESTIMONY, USED FALSE INFLAMMATORY QUESTIONS, AND SOLICITED FALSE TESTIMONY IN COMMITTING FUND…
22-399 Adam Dean Brown v. Florida Department of Corrections Eleventh Circuit 2022-10-31 Denied accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective assistance of counsel claims where his trial a…
22-5849 David Keith Wills v. United States Fifth Circuit 2022-10-17 Denied Response WaivedIFP compulsory-process conflict-of-interest defense-witness dual-sovereignty due-process fair-trial federal-prosecutors perjury prosecutorial-misconduct witness-intimidation QUESTION ONE: THIS COURT HAS LONG HELD THAT FOR A JUDGE TO THREATEN A DEFENSE WITNESS WITH PERJURY IF HE TESTIFIES FOR THE DEFENSE VIOLATES THE DEFEND…
22-5796 James Edward Rose v. South Carolina, et al. Fourth Circuit 2022-10-07 Denied IFP brady-violation civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct sovereign-citizen standing ucc-1-308 Question not identified.
22-5777 In Re Adib Eddie Ramez Makdessi 2022-10-06 Dismissed IFP civil-rights constitutional-rights criminal-conviction due-process equal-protection evidence-tampering jury-instructions jury-misconduct prosecutorial-misconduct racial-bias 1-Attached transcripts prores that tral Judge & Prosecution acknowledged that the y u F Eq Pc aahFd Dis coudendRu Claiming it is not Extraordinary -.…
22-5771 Shawn Canada v. Olmsted County Community Corrections, All Staff Members, et al. Eighth Circuit 2022-10-05 Denied IFP 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process proportionality prosecutorial-misconduct sentencing supreme-court-review Question not identified.
22-5763 Benjamin Justin Brownlee v. New York Second Circuit 2022-10-04 Denied IFP brady-violation criminal-procedure discovery due-process exculpatory-evidence ineffective-assistance-of-counsel medical-evidence prosecutorial-misconduct right-to-defense Question not identified.
22-5759 Andrew Robertson v. Massachusetts Massachusetts 2022-10-04 Denied IFP criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct Question not identified.
22-5719 Shannon Dewayne Reece v. Texas Texas 2022-09-29 Denied IFP aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony CAN A PERSON BE CONUICTEO OF AN OFFENSE; EVEN AFTER THE UICTIM TESTIFIES THAT THE DEFENDANT IS NOT THE PERSON THAT ASSAULTED OR ROBBED THEM? IS -IT A…
22-5666 Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-09-22 Denied Response WaivedIFP civil-rights due-process habeas-corpus ineffective-assistance martinez-v-ryan pro-se procedural-default prosecutorial-misconduct sixth-amendment standing 1. Whether being pro se versus being represented by counsel at the state initial collateral proceeding is a determinative factor for obtaining withdra…
22-5612 Luis F. Gomez v. United States Seventh Circuit 2022-09-20 Denied Response WaivedIFP 6th-amendment administrative-law constitutional-law due-process federal-jurisdiction judicial-review prejudice prosecutorial-misconduct reversal statutory-interpretation witness-credibility Does improper vouching by a prosecutor to the jury rise to a level of reversal in accordance with the 5th Amendment and unduly prejudice the defendant…
22-5590 Robert Nathan Hensley v. United States Eighth Circuit 2022-09-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility ineffective-assistance-of-counsel legal-scrutiny prosecutorial-misconduct sexual-offenses Is it INEFFECTINE ASSISTENCE OF COUNSEL WHERE : THEREBY PROUING NOT ALLOWE "TAMPERED EVIDENCE" WERE AT TRIAL DUE TO THE JUOGE "CHOOSINE 11 THIS WAS ON…
22-5560 Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-13 Denied IFP brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony I. IF THE PROSECUTOR MAKES A PRETRIAL OFFER OF LENIENCY TO A WITNESS IN EXCHANGE FOR THAT WITNESSES' TESTIMONY AGAINST THE DEFENDANT, AND THE WITNESS…
22-5561 Terrance Brooks v. Illinois Illinois 2022-09-12 Denied Response WaivedIFP appellate-court appellate-review conviction due-process judicial-review napue-standard napue-v-illinois perjured-testimony perjury prosecutorial-misconduct reasonable-likelihood Whether The Appellate Court of Illinois rejection of Mr. Brooks assertion of knowing use of perjured testimony to obtain a conviction had a reasonable…
22-5516 Antrell Desharron Lewis v. United States Eighth Circuit 2022-09-07 Denied Response WaivedIFP 2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused…
22-5510 Ronald Lebed, Sr. v. Florida Florida 2022-09-06 Denied Response WaivedIFP constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffectiv…
22-5497 William C. Shaw v. Ed Hay, et al. Ninth Circuit 2022-09-02 Denied Relisted (2)IFP civil-rights county-conspiracy criminal-justice due-process false-accusations false-allegations prosecutorial-misconduct standing victim-testimony wrongful-conviction 1) SPOKANE COUNTY ALREADY KNEW THAT I MOVED MY THREE KIDS OUT FROM TACOMA, WA TO SPOKANE, WA IN SEPTEMBER 2001 AT THE REQUEST OF ALLAN ARNOLD AND HIS …
22-5478 Lesester Duva McDaughtery v. Tammy Foss, Warden Ninth Circuit 2022-09-01 Denied Response WaivedIFP civil-rights constitutional-violation due-process false-evidence federal-courts foreign-policy habeas-corpus inherent-authority judicial-proceedings post-conviction prosecutorial-misconduct state-court-proceedings Did the Ninth Circuit depart from the fourth, accepted and usual course of judicial proceeding when it ruled that clear and convincing evidence (in th…
22-5473 Nuzzio Begaren v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2022-08-30 Denied Response WaivedIFP brady-violation criminal-informant disclosure-requirements due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct Whether the Orange County District Attorney's Unlawful Scheme to Secretly Use and Failure to Disclose a Criminal Informant Violated Brady ?
22-5475 Merlin Williams v. Burl Cain, Warden Fifth Circuit 2022-08-30 Denied Response WaivedIFP circumstantial-evidence civil-rights constitutional-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct witness-testimony wrongful-conviction Question not identified.
22-186 Troy Mansfield v. Williamson County, Texas Fifth Circuit 2022-08-30 Denied Amici (6) brady-violation brady-vs-maryland circuit-split criminal-justice due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct Whether the due process right recognized in Brady requires the disclosure of exculpatory evidence (or at the very least, evidence of factual innocence…
22-5463 Rahmael Sal Holt v. Pennsylvania Pennsylvania 2022-08-29 Denied IFP adequate brady-claim default-ruling due-process federal-law federal-review independent jurisdiction jurisdictional-challenge prosecutorial-misconduct witness-testimony 1. Does the United States Supreme Court have jurisdiction to hear Petitioner's Brady claim because the Supreme Court of Pennsylvania's default ruling …
22-5450 Jermaine Crump v. Joe Errington, Warden Fifth Circuit 2022-08-25 Denied Response WaivedIFP brady-disclosure constitutional-rights criminal-procedure due-process evidence-suppression habeas-corpus harmless-error ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review Question not identified.
22-5436 Oraine D. Brown v. New Jersey New Jersey 2022-08-24 Denied Response WaivedRelisted (2)IFP criminal-procedure discovery discovery-rules due-process judicial-discretion new-jersey-court-rule pre-indictment-discovery prosecutorial-misconduct prosecutorial-motion speedy-trial trial-commencement trial-postponement (1) Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the oppos…
22-164 Mark Elliott Stuart v. Douglas Gerlach, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2022-08-23 Denied Response Waived civil-rights constitutional-rights due-process free-speech police-conduct prosecutorial-misconduct sixth-amendment speedy-trial vindictive-prosecution (1) Whether the State can seek to punish and prosecute an individual for refusing to obey an unconstitutional order from a public official and a polic…
22-5319 Gary Lee Rollins v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2022-08-09 Denied Response RequestedRelisted (2)IFP brady-v-maryland brady-violation due-process immunity-agreement napue-v-illinois napue-violation prosecutorial-misconduct witness-credibility Under the Due Process Clause of the U.S. Constitution's 14th Amendment, does a court reviewing a criminal defendant's claims under Brady v. Maryland a…
22-127 Abraham Moses Fisch v. United States Fifth Circuit 2022-08-09 Denied Response Waived 18-usc-1515(c) appellate-procedure certificate-of-appealability constitutional-rights fifth-circuit impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings judicial-review prosecutorial-misconduct Abraham Fisch's case raises a pressing issue for this court's consideration: Has the United States Court of Appeals for the Fifth Circuit so far depar…
22-5296 Ryan T. Carleton v. Maine Maine 2022-08-05 Denied Response WaivedIFP administrative-procedure agency-documents civil-rights disclosure-requirements due-process federal-law ineffective-assistance-of-counsel internal-communications prosecutorial-misconduct right-to-counsel right-to-fair-trial staff-communications Question not identified.
22-5219 Kim Lee Millbrook v. United States Seventh Circuit 2022-07-28 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process first-amendment ineffective-assistance newly-discovered-evidence prosecutorial-misconduct standing takings Whether petitioner has a jurisdictional and standing to challenge 18 U.S.C. § 922 and 924, 18 U.S.C. § 1512(c)(2), and 18 U.S.C. § 30 as an infringeme…
22-5202 In Re Tavon Dameon Davis 2022-07-27 Denied Response WaivedIFP conspiracy criminal-procedure due-process evidence habeas-corpus judicial-misconduct mandamus prosecutorial-misconduct witness-tampering Whether a writ of mandamus should issue directing the court of appeals (Fourth Circuit) to remand this case to the district court without delay to hol…
22-5152 In Re Jerry N. Alfred 2022-07-22 Dismissed Relisted (2)IFP constitutional-rights criminal-conviction due-process equal-protection false-evidence fourteenth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment WHETHER A TEMPORARY EXCEPTION EXISTS TO CITE UNITED STATES SUPREME COURT'S UPLE HOLDING THAT A CRIMINAL CONVICTION USING USE OF FALSE EVIDENCE "MUST F…
22-63 Antoin Deneil Marshal v. Texas Texas 2022-07-22 Denied Response RequestedRelisted (3) constitutional-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel laches prosecutorial-misconduct reconsideration standing I. Whether the TCCA's application of the equitable doctrine of laches constitutes an independent and adequate state law ground that bars review of pet…
22-5164 Oscar Lenton, Sr. v. Warden, FCI Edgefield Fourth Circuit 2022-07-22 Denied Response WaivedIFP brady-v-maryland brady-violation confrontation-clause due-process evidence-suppression exculpatory-evidence fair-trial government-misconduct habeas-corpus prosecutorial-misconduct sixth-amendment I. Whether ar noit the Agooals Court Tuliwg deprived patittonor oF his Tight under Braoly V. Maryland. Su pra.where tne Government had Violated is obl…
22-5048 George A. Pilola v. Craig Koenig, Acting Warden Ninth Circuit 2022-07-07 Denied Response WaivedIFP brady-v-maryland brady-violation due-process exculpation fingerprint fingerprint-evidence napue-v-illinois napue-violation ninth-circuit ninth-circuit-review prosecutorial-misconduct 1) The failure of the prosecution to turn over the fingerprint showing no MAKE to Pilola was a violation of Brady v. Maryland; 2) The untruthfulness …
22-5037 Stephen Todd Booker v. Florida Florida 2022-07-06 Denied IFP banks-v-dretke brady-disclosure brady-v-maryland constitutional-due-process criminal-procedure disclosure due-diligence due-process exculpatory-evidence government-misconduct prosecutorial-misconduct May courts impose a due diligence requirement for Brady claims that focuses on the actions of the defense rather than the government, effectively limi…
22-5030 Paul John Denham v. Superior Court of California, Los Angeles County, et al. California 2022-07-05 Denied IFP civil-rights constitutional-rights criminal-procedure defendant-protections due-process exculpatory-evidence habeas-corpus judicial-bias post-conviction-relief prosecutorial-misconduct Where a Criminal defendant has a postconviction habeas petition alleging the district attorney's office engaged in Brady/Napve multiple intentional vi…
21-8178 Jing Hua Wu v. Eric Arnold, Warden, et al. Ninth Circuit 2022-06-17 Denied IFP civil-rights constitutional-rights due-process evidence-fabrication habeas-corpus ineffective-assistance jury prosecutorial-misconduct standing trial-procedure I. Jury Misconduct In applying 28 USC § 2254 (d)(1)(2.), both the state Courts' and Federal Courts' decisions were based on an unreasonable determinat…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel when the prosecutor purposely interferes with the attorney-cli…
21-8170 Samuel Gaines, Jr. v. Brooks L. Benton, Warden Eleventh Circuit 2022-06-17 Denied IFP civil-rights court-fraud criminal-law due-process federal-procedure fraud-on-the-court judicial-interference legal-obstruction obstruction-of-justice prosecutorial-misconduct standing state-procedure 1. It's A WillFul disrerpect oF vuited states Dirtrict Court Chiet Jude I. Rndal Hall's order,"For Not Considering the herits of hay crJE. 2. It'5 A …
21-8166 Ricky Vincent Pendleton v. United States Fourth Circuit 2022-06-16 Denied Response WaivedIFP constitutional-violation coram-nobis due-process fifth-amendment fourteenth-amendment newly-discovered-evidence prosecutorial-misconduct A federal ex-prisoner, has the right to present a "fundamental error" byway of a writ of coram nobis, involving newly discovered evidence, pursuing wi…
21-8120 Willie Alfred Green v. Delijah Washington Eleventh Circuit 2022-06-10 Denied Response WaivedIFP brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment Are Brady Claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence? Does a guilty plea waive a…
21-8091 Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2022-06-08 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-violation criminal-procedure due-process evidence-tampering ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct trial-procedure Did our Third Circoit Court oF Appeal Make a Mistake when a constitutinal rght was volated and they did not grant a C.o.A.for Prosecutr ue oia or Pant…
21-8085 Frank Jarvis Atwood v. Arizona Arizona 2022-06-08 Denied IFP brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence material-evidence material-exculpatory-evidence materiality-analysis prosecutorial-misconduct third-party-culpability 1. Did the State withhold material exculpatory evidence of a tip received by law enforcement independently linking a known third-party suspect to the …
21-8081 Moses Clark v. California California 2022-06-07 Denied Relisted (2)IFP civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct 1. Review should be granted, beause the state court failed to bring the defendant before the magistrate within 48-hours after arrest, violating The Fo…
21-8047 Santiago Esquivel v. Gary Miniard, Warden Sixth Circuit 2022-06-03 Denied Response WaivedIFP criminal-procedure due-process fundamental-fairness habeas-corpus miranda-rights post-arrest-silence prosecutorial-conduct prosecutorial-misconduct sixth-circuit I. DID THE SIXTH CIRCUIT ERR, WHEN IT FAILED TO FIND AS DEBATABLE OR WRONG THE DISTRICT COURT'S DECISION THAT THE PROSECUTOR'S REFERENCE TOI PETITIONE…
21-7986 Stephen Gosch v. Florida Florida 2022-05-27 Denied IFP constitutional-rights criminal-procedure due-process evidence evidence-disclosure fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct state-court 1. Did the state court violate the petitioner's right to due process of law as guaranteed by the Fourteenth Amendment where the prosecution failed to …
21-7978 Patrick Clay Kunkel v. California California 2022-05-26 Denied IFP brady-violation confrontation-clause double-jeopardy due-process newly-discovered-evidence prosecutorial-misconduct sixth-amendment 1. Where petitioner received a conviction for premeditated attempted murder and attempted manslaughter of two individuals, were such that petitioner w…
21-1485 In Re Eileen Vey 2022-05-25 Denied Response Waived civil-rights constitutional-rights criminal-procedure criminal-venue due-process equal-protection ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct retaliation self-defense WHETHER THIS COURT SHOULD ORDER APPROPRIATE OFFICIALS TO CLEAR HER RECORD OF ALL CHARGES SINCE SHE WAS DEPRIVED OF "REASONABLE DOUBT" AND CLEAR EVIDEN…
21-7940 Jason P. Thomas v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2022-05-23 Denied IFP criminal-procedure double-jeopardy evidentiary-hearing fabricated-evidence ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sentencing I. Whether the District Court, without holding an evidentiary hearing erred in disposing of Petitioner 's trial icounsel 's ineffectiveness surroundin…
21-7923 Charles K. Topping and J. W. Long, aka James Wayne Long v. United States Eleventh Circuit 2022-05-20 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense 1. Where the district court's instructions to the jury in a crim inal case provide—as part of the theory of defense instruction—an explana tion of an …
21-7898 Emilio Evalio Arenas v. Nevada Nevada 2022-05-17 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process free-speech mistrial prejudice prosecutorial-misconduct standing (1) After the Supreme Court of Nevada reversed the did the Court Order remanding the petitioner new Amendments Fire, Six, and Fourteen? (2) Did the S…
21-7875 Freya D. Pearson v. United States Eighth Circuit 2022-05-16 Denied Response WaivedRelisted (2)IFP appellate-procedure constitutional-right direct-appeal due-process effective-counsel ineffective-assistance notice-of-deficiency notice-of-withdrawal notice-requirement prosecutorial-misconduct tax-deficiency Does a defendant have a Constitutional Right to Effective Counsel from beginning to end, while in their Direct Appeal? And if that defendant has not w…
21-7856 William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-13 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony 1. Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous u…
21-7836 Bruce Edward Bingham, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-05-11 Denied IFP burden-of-proof closing-arguments constitutional-ineffective-assistance criminal-procedure discovery-violation due-process due-process-violation prosecutorial-misconduct remorse right-to-counsel Was the prosecutions remarks regarding the "conscience of the community" and "remorse" prosecutorial misconduct , or allowable argument? Was trial cd…
21-7793 Leihinahina Sullivan v. United States District Court for the District of Hawaii Ninth Circuit 2022-05-06 Denied Response WaivedIFP attorney-client-privilege civil-rights constitutional-rights criminal-procedure due-process free-speech grand-jury-procedure pro-se-defendant prosecutorial-misconduct standing subpoena-abuse Due to the lack of vesources while pretvia\ inca rcevatca at Honolulu Fedeval Detention Cenky C'F De") L apologize for using recytled paper. Pencil, a…
21-7780 Selvin Orlando Carranza v. California California 2022-05-05 Denied Response WaivedIFP 4th-amendment 8th-amendment brady-violation constitutional-rights due-process exculpatory-evidence impeachment-evidence police-misconduct prosecutorial-misconduct third-party-culpability Should an innocent man setting forth allegations of his actual innocence, a deprivation of due process rights guaranteed by the U.S. Federal Constitut…
21-1423 Anthony Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) arrest-authority civil-rights due-process jury-selection jury-tampering law-enforcement-discretion probable-cause prosecutorial-misconduct standing trial-procedure 1. On 12/11/2017 the City of Warren attorney Caitlin Murphy and the sitting juror Susan Palombo had prior secret conversations before the jury trial s…
21-1424 Marjana Hoti v. City of Warren, Michigan Michigan 2022-05-05 Denied Response WaivedRelisted (3) due-process external-influence fair-trial judicial-ethics jury-misconduct jury-tampering prosecutorial-misconduct sixth-amendment trial-procedure Is it an external influence-on the jury when the prosecutor and one of the sitting jurors had prior , secret contacts before the trial starts? Is it …
21-7777 Vedal A. Davis v. Texas Texas 2022-05-04 Denied Relisted (2)IFP amendment-and-tolling constitutional-rights due-process false-evidence finality-of-prior-conviction ineffective-assistance jurisdiction legal-facts-pleadings-circumstances prosecutorial-misconduct statute-of-limitations trial-counsel-ineffectiveness trial-jurisdiction Davis alleged that his trial counsel was ineffective for failing to independently investigate the legal facts, pleadings, and circumstances surroundin…
21-1411 James Milton Dailey v. Florida Florida 2022-05-03 Denied Amici (2) brady-v-maryland capital-murder criminal-conviction due-process habeas-corpus judicial-review materiality materiality-standard perjured-testimony perjury prosecutorial-misconduct Petitioner James Milton Dailey was convicted of capital murder and sentenced to death. He has since discovered that the State made knowing use of perj…
21-7730 Justin L. Martin v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-04-27 Denied Response WaivedIFP 6th-amendment constitutional-rights due-process false-testimony fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment strickland-standard 1. Was Defense Counsel ineffective for failing to object to the states known use of false testimony in Petitioners trial. Violating his Constitutional…
21-7720 Matthew William Wheeler, aka Matthew Williams v. United States Eleventh Circuit 2022-04-27 Denied Response WaivedIFP conspiracy criminal-intent mail-fraud prosecutorial-misconduct scheme-to-deceive scheme-to-defraud wire-fraud 1. Whether the Government Must Prove an Intent to Harm as an Element in Establishing a Defendant's Participation in a "Scheme to Defraud" in Any Prose…
21-7718 Mark A. Winger v. Illinois Illinois 2022-04-27 Denied Response WaivedRelisted (2)IFP brady-violation constitutional-due-process due-process materiality materiality-standard perjury post-conviction-petition prosecutorial-misconduct united-states-v-agurs witness-perjury Wnether a State prisoner's post-conviction petition claim of a Brady violation alleging perjury by a State's witness at trial/ whose false testimony p…
21-7601 Eugene Kevin Pugh v. United States District of Columbia 2022-04-12 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct Question not identified.
21-7551 In Re Mark Jendrzejewski 2022-04-05 Denied IFP brady-violation due-process evidence-withholding false-testimony fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment witness-testimony ONE IS FOURTEENTH AMENDMENT DUE PROCESS VIOLATED WHEN PROSECUTOR WITHHOLDS BIOLOGICAL AND RELATED EVIDENCE LAYING IN WAIT UNTIL PETITIONER MOVES HAB…
21-7499 David Lopez Gonzales v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2022-03-30 Denied IFP brady-v-maryland cullen-v-pinholster due-process exculpatory-evidence federal-habeas fifth-amendment habeas-corpus impeachment-evidence napue-v-illinois prosecutorial-misconduct I. Does Cullen v Pikolster S53 U.S. 170, 181 (1011) bar consideration of evidence in federal habeas corpus proceedings like in a case like mine, to re…
21-7426 Eric Jason Spears v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2022-03-22 Denied IFP 8th-amendment constitutional-rights due-process evidence-standards ineffective-assistance-of-counsel judicial-discretion legal-procedure post-conviction procedural-fairness prosecutorial-misconduct standing Question not identified.
21-7413 Brian Folks v. United States Second Circuit 2022-03-18 Denied Response WaivedIFP circuit-split criminal-procedure evidence issue-preservation prosecutorial-misconduct witness-credibility Whether this Court should grant certiorari to recognize error and provide clarity about the prejudice that stems from a prosecutor's repeated requests…
21-7385 Juan M. Alcaraz v. Brian Williams, Warden, et al. Ninth Circuit 2022-03-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment 1. Did the Ninth Circuit err when Mr. Alcaraz made a substantial showing of the denial of a constitutional right as to trial counsel repeatedly tellin…
21-7380 Frank Henderson Brown v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-03-15 Denied IFP appeal civil-rights closing-arguments due-process evidence-rules ineffective-assistance-of-counsel prosecutorial-misconduct standing trial-court-error A. Total Court erred B) By allowing veto AHO frsSecoriwl te argue FeetS nor mM ey LAence . B. the Prosewre erved 6). by agus fattS not (na evidence …
21-7371 Sherman Collins v. Alabama Alabama 2022-03-15 Denied IFP capital-trial cause-challenge civil-rights due-process fourteenth-amendment juror-bias jury-selection prosecutorial-misconduct prosecutorial-relationship standing In a capital trial, does a trial court's erroneous failure to remove for cause jurors that have personal and professional relationships with a prosecu…
21-7362 Kyle Kurtz v. David W. Gray, Warden Sixth Circuit 2022-03-14 Denied Response WaivedIFP civil-rights due-process ex-post-facto free-speech habeas-corpus prosecutorial-misconduct reasonable-doubt rules-of-court self-defense Are the rules promulgated by the United States Supreme Court not being enforced by the judges representing the Kingdom of Judah or are the law enforce…
21-7317 Michael Cota v. John Malone, et al. Ninth Circuit 2022-03-08 Denied IFP civil-rights criminal-procedure due-process immunity prosecutorial-misconduct standing £hm<i (tihoks Q&tolokjmmoriik if A frCT/W£> Afe iwhlu /Oo/OsJ'odimuAJ h)frrulE.is immi uo oi mpL- m?rmo$ Do/ibr/Mfe Mum/ru
21-7312 Daniel Viveiros v. Massachusetts Massachusetts 2022-03-08 Denied Response WaivedIFP complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations 1. Whether the trial court erred be admitting, without'expert medical testimony, evidence of the complainant's stomachaches and bladder pain puporti…
21-7305 Steven Bryant v. Shawn Emmons, Warden Georgia 2022-03-08 Denied Response WaivedIFP criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag…
21-7292 James E. Walker v. Illinois Illinois 2022-03-07 Denied IFP civil-rights criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance-of-counsel intellectual-disability post-conviction post-conviction-relief prosecutorial-misconduct sentencing Was it prosecutorial misconduct ct during the state's opening vacnta hnee hodn his trial. Page 15,16 Is i inel e ng afilue tga e te was impasing acco…
21-7260 George K. Mackie v. Massachusetts Massachusetts 2022-03-02 Denied Response WaivedIFP closing-argument criminal-procedure impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions miscarriage-of-justice prosecutorial-misconduct reasonable-doubt A. DID THE APPEALS COURT ERR IN HOLDING THAT THE ERROR-LADEN CLOSING ARGUMENT BY THE PROSECUTER, TAKEN IN ITS TOTALITY, CREATE A SUBSTANTIAL RISK OF A…
21-7249 Jacob Ivan Hill v. United States Fourth Circuit 2022-03-02 Denied Response WaivedIFP capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment Question not identified.
21-7255 James Robert Hope v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-03-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence jurisdiction jury-instructions mistrial prejudice prosecutorial-misconduct standing 1)ASTHE T CIR. ERZ IN EFERING TO THE LOWER COUGTS DECISION THAT M2. HOPE TRIAL WAS HELA INTNE PRPPER COUNETY WNEN PROCF WAS PROVIE THAT HIS CBIME DCCU…
21-1201 Michael D. Smith v. United States Sixth Circuit 2022-03-02 Denied Response Waived civil-rights criminal-procedure due-process grand-jury judicial-misconduct jurisdiction prosecutorial-misconduct Will the Eastern District of Kentucky be allowed to ignore our federal laws, Constitution and Bill of Rights and have a 5 week, mock trial on innocent…
21-1202 Michael D. Smith v. Frances Catron Cadle, et al. Sixth Circuit 2022-03-02 Denied Response Waived abuse-of-power civil-rights constitutional-rights cover-up criminal-procedure due-process federal-jurisdiction government-liability judicial-misconduct prosecutorial-misconduct Will the government officials of the Eastern District of Kentucky and state officials be allowed to violate our federal laws, Constitution and Bill of…
21-7224 Johnathan I. Alcegaire v. Florida Florida 2022-02-28 Denied IFP capital-case capital-punishment due-process false-evidence false-testimony giglio giglio-claim jury-instructions jury-prejudice prosecutorial-misconduct In this Florida capital case, the Florida Supreme Court, while acknowledging that the prosecution's argument to the jury was not true, denied Petition…
21-7202 In Re Mohammed Kwaning 2022-02-24 Denied IFP civil-rights constitutional-rights district-court-jurisdiction due-process federal-procedure grand-jury habeas-corpus prosecutorial-misconduct unlawful-imprisonment IS PETITIONER ENTITLED TO IMMEDIATE DISCHARGE, WHERE THE UNITED STATES DISTRICT COURT TRIED AND IMPRISONED PETITIONER FOR INFAMOUS CRIMES WITHOUT PRES…
21-7126 Quincy Deshan Butler v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-15 Denied Relisted (2)IFP aggravated-offense constitutional-rights criminal-sentencing due-process ineffective-assistance-of-counsel jury-instructions plain-error-review procedural-due-process prosecutorial-misconduct sentencing-enhancement texas-law 1). Wither CjLrVihczJre- APPEALA&XAXTy SHoul D 1W^ GrtAuTtml 3L). WHETHER Due 1WE5S WAS V/I<d(At6D Wfetf Cj)UKlS£L Fazlejs to te&jLEST LESSE/X TWELU…
21-7048 Christopher Gerken v. Illinois Illinois 2022-02-03 Denied IFP constitutional-rights courtroom-procedure due-process emotional-display fair-trial free-press motion-in-limine prejudicial-evidence prosecutorial-misconduct witness-testimony Was Christphe Gecens constituhina right to a Fair tral Wehhd wha a oro read 0 Pewspaper achek. contariog infeemadion thot wos barred From bung hearel …
21-7040 Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden Virginia 2022-02-01 Denied IFP closing-argument constitutional-rights due-process fair-trial false-evidence prosecutorial-misconduct trial-procedure A. Does the prosecutor's deliberate use of a known false evidence—which is also an outside evidence—during closing argument violate the accused's Cons…
21-7025 Derrick Garrell Samuels v. United States Sixth Circuit 2022-02-01 Denied Response WaivedIFP confrontation-rights due-process equal-protection expert-testimony fair-trial fifth-amendment jury-composition jury-selection prosecutorial-misconduct racial-discrimination sixth-amendment Should a writ of certiorari been granted to determine if Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the o…
21-7009 Cristian M. Loga-Negru v. Wisconsin Wisconsin 2022-01-31 Denied Response WaivedRelisted (2)IFP brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness Question not identified.
21-6999 Sharoc Richardson v. Sherman Campbell, Warden Sixth Circuit 2022-01-31 Denied Response WaivedIFP criminal-procedure defense-witnesses due-process ineffective-assistance-of-counsel jury-instruction jury-instructions prosecutorial-misconduct right-to-a-fair-trial trial-court-error witness-cross-examination QUESTION ONE: DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY ON INVOLUNTARY MANSLAUGHTER IN THIS CASE? QUESTION TWO: WAS TRIAL COUNSEL INEFF…
21-6989 Jason Wayne Oien v. Chad Pringle, Warden Eighth Circuit 2022-01-31 Denied IFP certiorari civil-rights constitutional-interpretation criminal-procedure due-process judicial-review lower-court-decision post-conviction-relief procedural-error prosecutorial-misconduct sentencing supreme-court-review Testinny y Exprt winses My lawer ad 1. Rule 702. Police OFFicer. (14thAmendment) 2. Luminol testing. DNA was never found on me or victim. 3. Rule 1…
21-6973 Larry Lee Jacks v. Warden Lynch Ninth Circuit 2022-01-26 Denied Relisted (2)IFP brady-v-maryland case-procedure civil-rights constitutional-provision due-process exculpatory-evidence judicial-review legal-jurisdiction new-trial prosecutorial-misconduct statutory-interpretation Question not identified.
21-1026 Camille A. Walters v. Wisconsin Office of Lawyer Regulation, et al. Wisconsin 2022-01-21 Denied Response Waived civil-procedure civil-rights due-process evidence-tampering judicial-ethics procedural-irregularity prosecutor-misconduct prosecutorial-misconduct recusal recusal-requirement standing I. Was it illegal that the Wisconsin Supreme Court disregarded their own rules of internal operating procedures, which require all decisions of the co…
21-6909 Mark Allen Geralds v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-20 Denied IFP brady brady-materiality cumulative-analysis due-process giglio-violation materiality prejudice prosecutorial-misconduct strickland strickland-prejudice trial-confidence 1. Whether the materiality inquiry for Brady and the prejudice analysis for Strickland require a cumulative analysis in determining whether confidence…
21-993 Willard Anthony v. Louisiana Louisiana 2022-01-12 Denied Response RequestedResponse WaivedRelisted (10) confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t…
21-6804 Timothy Wayne Kemp v. Arkansas Arkansas 2022-01-10 Denied IFP brady-v-maryland brady-violation cone-v-bell criminal-procedure due-process materiality materiality-standard prejudice prosecutorial-misconduct supreme-court-precedent Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in confl…
21-6801 In re Johnny McMahon 2022-01-10 Denied IFP constitutional-rights due-process equal-protection evidentiary-hearing extrinsic-fraud fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-fair-trial Petitioner, Johnny E. McMahon, has been collaterally attacking subject-matter jurisdiction since 2011. However, this is the first time this Honorable …
21-6759 Darla Ray Jones v. D. K. Johnson, Warden Ninth Circuit 2022-01-05 Denied Response WaivedIFP conflict-of-interest criminal-defendant criminal-threats drug-possession due-process effective-assistance-of-counsel forgery habeas-corpus prosecution prosecutorial-misconduct On de novo review, is a criminal defendant deprived of the effective assistance of counsel because of her lawyer's conflict of interest when, at the t…
21-6685 Christopher Dominguez v. United States Tenth Circuit 2021-12-21 Denied IFP criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines The prosecutor, defense counsel, and the district court all informed Mr. Dominguez that if he went to trial he would face a mandatory minimum sentence…
21-6674 Paul David Storey v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-21 Denied Relisted (2)IFP due-process first-federal-habeas habeas-corpus panetti prosecutorial-concealment prosecutorial-misconduct second-federal-habeas Does 28 U.S.C. §2244 bar claims of prosecutorial misconduct that were deliberately and successfully concealed by the prosecution until after the petit…
21-6672 Trevor Jim Bishop v. California California 2021-12-20 Denied IFP due-process evidence-code-section-1109 federal-rule-of-evidence-404(b) hearsay hearsay-evidence ineffective-assistance other-acts-evidence procedural-error prosecutorial-misconduct trial-counsel Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
21-6644 Ashot Minasyan v. United States Ninth Circuit 2021-12-16 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea Whether Minasyan's waiver of appeal is unenforceable for the following reasons: because it was not knowing, intelligent and voluntary, and because Min…
21-6620 Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-12-15 Denied Response WaivedIFP chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony 1). While incarcerated at the county jail between October 2008 and February 04, 2010, state witnesses Jeneya Richardson and Kimberly Meadows wrote the…
21-6593 Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-15 Denied IFP 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony 1. Whether this Court should clarify its holding in Greene v. Fisher, 565 U.S. 34, 38 (2011), to reflect that the state court decision by which "clear…
21-6604 Andre Bowers v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2021-12-14 Denied Response WaivedIFP brady-violations constitutional-rights criminal-justice due-process faulty-investigative-practices first-amendment ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct systemic-racism wrongful-conviction wrongful-convictions 1. There is a proven systematic pattern of wrongful conviction around the Nation based on prosecutorial/police misconduct, and ineffective assistance…
21-6519 Jesse Driskill v. Missouri Missouri 2021-12-06 Denied IFP brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony I. Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review – contrary to Jefferson v. Upton,…
21-6475 Mark Hollingsworth v. Maryland Maryland 2021-12-03 Denied IFP brady-violation closing-argument criminal-procedure due-process false-testimony jury-argument napue-v-illinois napue-violation prosecutorial-misconduct right-to-fair-trial Did the Maryland State Courts err in finding that the Prosecutor did not violate Napue v. Illinois, 360 U.S. 264 (1959) when the Prosecutor argued to …
21-6493 Jarrett Alvin Kinley v. Pennsylvania Pennsylvania 2021-12-02 Denied IFP criminal-procedure due-process false-evidence false-testimony napue-v-illinois napue-violation polygraph polygraph-testimony prosecutorial-misconduct witness-credibility Petitioner was subject to a pretrial polygraph by his bondsman for "risk assessment" purposes as a condition of his bond. The polygraph examiner testi…
21-6469 Glen Campbell v. J. LaManna Second Circuit 2021-12-01 Denied IFP cause-and-prejudice constitutional-claims counsel-ineffectiveness criminal-procedure evidentiary-hearing prosecutorial-misconduct sixth-amendment 1). Whether the District Court overlooked Constitutional Claims and Cause and Prejudice. 2). Whether petitioner was intitled to an Evidentiary Hearin…
21-6472 Anthony Mungin v. Florida Florida 2021-12-01 Denied IFP brady-v-maryland brady-violation constitutional-claim due-process exculpatory-evidence postconviction-motion postconviction-relief prosecutorial-misconduct Can Florida, consistent with Due Process and Brady v. Maryland, condone the prosecution's withholding of material exculpatory evidence beyond the time…
21-6424 Elijah Dwayne Joubert v. Texas Texas 2021-11-24 Denied IFP due-process false-testimony fourteenth-amendment napue-v-illinois prosecutorial-misconduct reasonable-likelihood Does the Due Process Clause of the Fourteenth Amendment permit a prosecutor's knowing use of false testimony unless the defendant proves by a preponde…
21-6411 Harley David Sharp v. Barry Goodrich, Warden, et al. Tenth Circuit 2021-11-24 Denied Response WaivedIFP brady-violation due-process exculpatory-evidence federal-review pro-se-litigation prosecutorial-misconduct standing Is a Brady Violation claim procedurally barred from Federal review? 1. Does the Unconstitutional Failure of the Prosecution to disclose exculpatory e…
21-6341 Donald D. Foltz, Jr. v. Wyoming Department of Corrections, et al. Tenth Circuit 2021-11-19 Denied Response WaivedIFP due-process equal-protection fourteenth-amendment implied-bias jury-bias jury-selection prosecutorial-misconduct reasonable-doubt sixth-amendment 1. Was the seating of juror who should have been dismissed for cause requires reversal because implied biased applies to Juror foreman, 1301, married …
21-6326 Farand Skinner v. Kentucky Kentucky 2021-11-18 Denied IFP brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence fifth-amendment napue-v-illinois prosecutorial-misconduct supreme-court-review 1. Did the Kentucky Supreme Court violate Mr. Skinner's rights under the Fifth Amendment to the United States Constitution and issue a decision contra…
21-6307 Donald James Smith v. Florida Florida 2021-11-17 Denied IFP capital-case capital-punishment criminal-procedure due-process eighth-amendment fair-trial penalty-phase prosecutorial-misconduct sixth-amendment victim-impact Was petitioner's right to a fair "penalty phase" trial violated when the prosecutor told the jurors, during closing arguments in the guilt phase, that…
21-6222 Marc E. Bercoon v. United States Eleventh Circuit 2021-11-09 Denied IFP bank-of-nova-scotia-v-us chapman-v-california constitutional-rights due-process fifth-amendment grand-jury harmless-error judicial-review prosecutorial-misconduct Whether Petitioners rights vnder the Grand Jury Clause of the Fifth Amendment were violated when: (a) a timely Fild moton under Federal Rules of Comin…
21-687 John Donnelly Sweeney, et al. v. San Francisco Bay Conservation and Development Commission, et al. California 2021-11-09 Denied Response Waived administrative-hearing agency-enforcement defendant-rights due-process enforcement-order fair-trial procedural-fairness prosecutorial-misconduct time-limit time-limitation John Sweeney personally repaired a low dirt levee surrounding a small island in a marsh. Two California agencies, after brief hearings, responded by i…
21-6164 Julia Lagunas-Hernandez v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy 1. Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial when it shifted burden of proof by stating that …
21-6149 Domingo Palma v. Massachusetts Massachusetts 2021-11-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fourteenth-amendment mistrial prosecutorial-misconduct sixth-amendment Are the Sixth and Fourteenth Amendments violated by a trial court's refusal to grant a mistrial where a prosecution witness injects groundless, irrele…
21-623 Anthony Penton v. A. Malfi, Warden Ninth Circuit 2021-10-28 Denied Amici (1)Response Waived brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence 1. Whether evidence covered by Brady v. Maryland, 373 U.S. 83 (1963), and withheld by prosecutors is considered suppressed under the Fifth Amendment r…
21-6110 Richard L. Starghill, II v. United States Sixth Circuit 2021-10-28 Denied Response WaivedIFP 5th-amendment constitutional-rights criminal-procedure double-jeopardy due-process jury-misconduct prosecutorial-misconduct retrial trial-integrity Do multiple mistrials, necessitated by jury misconduct, create a Double Jeopardy bar, preventing a retrial of a criminal defendant?
21-6061 John Rodney Johnson v. Donnie Ames, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2021-10-22 Denied IFP due-process equal-protection fourteenth-amendment impartial-jury prosecutorial-misconduct racial-bias sixth-amendment Does a Prosecutor's conduct to interject race comments into a State trial as an appeal to a racial prejudice based on the fact the trial having the in…
21-6041 Eric Benson Skeens v. Indiana Indiana 2021-10-21 Denied Response WaivedIFP civil-rights criminal-misconduct due-process evidence-suppression fair-trial judicial-bias prosecutorial-misconduct state-court-procedure witness-testimony 4VvC <2'V(^)r€. \V<> tf/jervfs 4o 4wnf>er (Xf\d ui'iAWnold £vi<4e/\ce. AivoroWe. 4o 4Wfl. LJVie-VWr line stafe Coor-V^ erreA i^n^n. Suppress VV.4 '\V\…
21-6012 Michael Rimmer v. Tennessee Tennessee 2021-10-20 Denied IFP capital-trial confrontation-clause criminal-procedure double-jeopardy due-process fundamental-fairness prosecutorial-misconduct trial-fairness witness-unavailability 1. Whether the courts below erred by upholding the trial court's determination that the only witness to petitioner's purported jailhouse confession wa…
21-6017 Charles Louis v. Walter Berry, Warden Eleventh Circuit 2021-10-19 Rehearing Response WaivedRelisted (2)IFP actual-innocence appellate-review brady-violations constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel judicial-procedure prosecutorial-misconduct state-habeas Why Dod the majority below err in applying this Courts deeisias W Schlup Vv, Dela and Kyles v. Lihitley 4 held that Poti Foner's compelling New evicle…
21-5997 Jeremiah Ybarra v. United States Fifth Circuit 2021-10-19 Denied Response WaivedIFP criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment WHETHER APPELLANT WAS DENIED HIS FIFTH AMENDMENT RIGHT TO A GRAND JURY PRESENTMENT OR INDICTMENT WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIG…
21-5971 Adrian Torres v. Warren Montgomery, Warden Ninth Circuit 2021-10-14 Denied Response WaivedIFP constitutional-rights criminal-trial cumulative-error doyle-error due-process evidence-exclusion ineffective-assistance prosecutorial-misconduct ptsd right-to-present-defense I. Did Trial Counsel Render Ineffective Assistance by Failing to Investigate and Present a PTSD Expert?; Was an Evidentiary Hearing Was Required? II.…
21-5925 Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al. Second Circuit 2021-10-07 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment 1. Whether, as a threshold matter, Petitioner has shown that his federal constitutional right to a fair trial and due process was violated by the pros…
21-5897 Shahram Shakouri v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-06 Denied Response WaivedRelisted (2)IFP brady-violation constitutional-rights due-process false-testimony federal-habeas habeas-corpus prosecutorial-misconduct right-to-present-defense state-law state-law-interpretation 1. The Texas Court of Criminal Appeals [TCCA] in several opinions has observed that, "Even unknowing use of false testimony violates a defendants's …
21-5904 Joseph Woods v. Donita McIntosh, Superintendent, Clinton Correctional Facility Second Circuit 2021-10-05 Denied Response WaivedIFP civil-procedure due-process fourth-amendment habeas-corpus ineffective-assistance prosecutorial-misconduct search-and-seizure standing I. Can a court of law in the United States, whether State or Federal Court, render a decision in a court proceeding without first deciding on a questi…
21-5894 Jeffrey Richard Martinson v. Arizona Arizona 2021-10-05 Denied Response WaivedIFP acquittal constitutional-law criminal-procedure double-jeopardy double-jeopardy-doctrine fifth-amendment new-trial prosecutorial-misconduct trial-court-dismissal Whether the Double Jeopardy Clause of the Fifth Amendment bars retrial where the trial court dismissed the case with prejudice for bad faith prosecuto…
21-5862 Micah Lamb v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-10-04 Rehearing Response WaivedRelisted (2)IFP civil-rights constitutional-rights due-process fair-trial fraud-on-the-court government-corruption ineffective-assistance judicial-misconduct post-conviction-relief prosecutorial-misconduct standing I. WHETHER U.S. DISTRICT JUDGE TIMOTHY J. CORRIGAN AND THE 11TH CIRCUIT COURT OF APPEALS, HEREIN RULED FALSEHOODS AND "FRAUD ON THE COURT" WHICH CREA…
21-440 Miguel Angel Santana v. Maryland Maryland 2021-09-22 Denied Amici (3)Response Waived constitutional-integrity constitutional-rights criminal-procedure due-process false-testimony government-misconduct immunity-agreements prosecutorial-misconduct witness-immunity Whether, when a government witness provides material false testimony about an immunity agreement and the government fails to correct that false testim…
21-431 Grant Lloyd Greenwood v. Minnesota Minnesota 2021-09-21 Denied Response Waived due-process effective-assistance-of-counsel fourteenth-amendment jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment The question presented by this petition is whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Am…
21-5719 Edward Zinner v. United States Third Circuit 2021-09-20 Denied Response WaivedRelisted (2)IFP aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct 1. When prosecutors conspire with known conflicted defense counsel pre-indictment, and devise a scheme to deprive two targets in a criminal investigat…
21-5699 Al-Kareem Rasool-Rachmaan Collier v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-17 Denied IFP actual-innocence civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel judicial-review legal-procedure prosecutorial-misconduct statutory-interpretation supreme-court ^■Mou) d_tfie6j'M' mcI -the petitioner? l\MMJlUm&„i4)A$LCmmitte4S- _ ^ _ ^J^^6-^ilsct^t £&4t ktiJ? ~0uhide_m£(uinceJmproi&JyJ r(,u4kU&„k^ p _ __ %-…
21-5660 Kevin McBride v. Florida Florida 2021-09-14 Denied Response WaivedIFP civil-rights due-process evidence-suppression false-conviction police-misconduct presumption-of-innocence prosecutorial-misconduct suppression-of-evidence wrongful-conviction When fraudulent police reports deceive the lower court into a false conviction, shouldn't the fraud precede the false conviction and be overturned imm…
21-5655 Timothy Dean Leners v. Wyoming Wyoming 2021-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment ONE: Was Defendant's 6th Amend. right to Effective Counsel violated when 1st chair appointed counsel testified at W.R.A.P. 21 hearing for new trial th…
21-397 Juan Joe Cano v. Texas Texas 2021-09-13 Denied Response Waived contamination-of-accusations due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statements procedural-due-process prosecutorial-misconduct sexual-abuse suggestive-questioning witness-impeachment I. Was petitioner denied the effective assistance of counsel because trial counsel failed to impeach the complainants with their prior inconsistent st…
21-5648 O. B. Davis, Jr. v. Johnny Sumlin, Warden Fifth Circuit 2021-09-10 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as…
21-5646 Peter Klah v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-09-10 Denied Response WaivedIFP civil-procedure civil-rights digital-contacts due-process ineffective-counsel jurisdiction-analysis online-interactions personal-jurisdiction prosecutorial-misconduct right-to-counsel standing Trial Court Erred in Denyng motion to Suppress hear case Prosecutor's comments During his opening statement nAhmeony he Co Deat Hoe Asserted his Seven…
21-367 Paula Jones v. United States Fifth Circuit 2021-09-08 Denied Response Waived criminal-intent due-process expert-testimony fifth-circuit medicare-fraud medicare-rules prosecutorial-misconduct sufficiency-of-evidence Petitioner Paula Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Presented …
21-349 Kent Eric LeBere v. Travis Trani, Warden, et al. Tenth Circuit 2021-09-03 Denied Response Waived brady-claim brady-violation certificate-of-appealability criminal-conviction due-process false-testimony habeas-corpus perjury prosecutorial-misconduct wrongful-conviction 1. Whether the lower courts should fully decide whether the state knew or should have known that the testimony about Mr. LeBere's "confession" was fal…
21-5578 Guy Don Minze v. Texas Texas 2021-09-03 Denied IFP court-of-appeals criminal-procedure due-process evidentiary-facts jurisdiction notice penal-code prosecutorial-misconduct prosecutorial-vindictiveness standard-of-review sufficiency-of-evidence tex-r-app-p Did the Court of Appeals err in failing to base its Opinion on the evidentiary and adjudicated facts in the record i.e. the Trial Court's "judgment of…
21-5576 Victor Shawn Brown v. Debbie Asuncion, Warden Ninth Circuit 2021-09-03 Denied Response WaivedIFP compulsory-process confrontation-clause due-process fair-trial prosecutorial-misconduct witness-credibility cX w^pce^tr ^'o'T ^osiLOjVocs Vo VcV^ uOrWss.es WvocV -Wey CcecVWA'vVy ,t tUe^ cxWciC VW. ccecSvWvVtVv peVVicvv^r's t^VWvesses Vy cxAAI vnc^ -W-e*^ …
21-5568 Carl Anthony Wilson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-03 Denied Relisted (2)IFP blood-evidence blood-search constitutional-rights criminal-procedure due-process exculpatory-evidence fourth-amendment jury-selection prosecutorial-misconduct retroactivity FftUomtE to ft DEFEUDfiFr AFTER HE HNS BEER TOLD -TO THRU OUBR EUzDEMCE FfiuoRA&LE To THE DEPENDENT? A ]Y)072IO a/ fiOR EUXDEHClF FftUoRBBLE TO THE D…
21-5556 Bret Davis v. Illinois Illinois 2021-09-01 Denied IFP constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment jury-bias media-influence prosecutorial-misconduct sixth-amendment unbiased-jury Were my Fifth, Sixth and Fourteenth Amendment rights to a fair trial by an unbiased jury and due process of the law violated by the Prosecuting State'…
21-5537 John Creech v. United States Sixth Circuit 2021-08-31 Denied Response WaivedIFP brady-materiality brady-v-maryland conviction criminal-procedure defense-strategy disclosure due-process evidence-disclosure litigation-strategy materiality prosecutorial-misconduct sixth-circuit Is evidence material for purposes of Brady v. Maryland, 373 U.S. 83 (1963), if its disclosure would affect defense litigation strategy?
21-5517 Lonzie Wayne McQuirter v. Michigan Michigan 2021-08-30 Dismissed IFP 44th-amendment constitutional-violation due-process evidence-preservation fair-trial fourteenth-amendment innocence miscarriage-of-justice new-evidence prosecutorial-misconduct sixth-amendment I. WHETHER PETITIONER'S CLAIMS SHOULD BE HEARD ON THE MERITS UNDER THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION TO A…
21-5515 Kenneth Hairston v. Pennsylvania Pennsylvania 2021-08-30 Denied IFP aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony TRIAL COUNSEL GAVE INEFFECTIVE ASSISTANCE FOR FAILING TO OBJECT TO THE PROSECUTOR'S IMPROPER ARGUMENT REGARDING VICTIM IMPACT TESTIMONY USED TO SUPPOR…
21-282 Brian Russell Turner v. Mississippi Mississippi 2021-08-25 Denied Response Waived arizona-v-youngblood body-camera-footage brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence law-enforcement prosecutorial-misconduct youngblood-standard Whether the Supreme Court of Mississippi Erred in Denying Petitioner's Claim that the Prosecution Withheld Exculpatory Evidence Pursuant to Brady v. M…
21-5450 Richard K. Cook v. Todd Wasmer, Warden, et al. Eighth Circuit 2021-08-23 Denied Response WaivedRelisted (2)IFP accomplice-instruction amendment-violation constitutional-rights dna-evidence due-process evidence-planting ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct structural-error The Crime Scene Investigator (CSI) in this case eventually went to prison for planting DNA evidence in another murder case, as he's alleged to have pl…
21-238 Keith Foster v. United States Ninth Circuit 2021-08-18 Denied Response Waived appellate-review certificate-of-appealability circuit-court due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-precedent judicial-procedure legal-conflict prosecutorial-misconduct 1. How can panels of Ninth Circuit Court of Appeals affirm decisions as matters of law, that are in direct conflict with previously established bindin…
21-5370 Martha Aguirre v. United States Second Circuit 2021-08-16 Denied Response WaivedIFP due-process government-misconduct grand-jury material-misrepresentation material-testimony narcotics-conspiracy perjury prosecutorial-misconduct witness-testimony Whether the Due Process Clause is violated when the only witness for the Government linking the appellant to a narcotics conspiracy commits perjury in…
21-5378 Anthony Kirkland v. Ohio Ohio 2021-08-16 Denied IFP appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct I. Is a capital sentence invalid, and imposed in violation of the capital defendant's constitutional rights, when during the final closing argument ad…
21-5349 Chris Allen Miller v. Jason R. Ravnsborg, Attorney General of South Dakota, et al. Eighth Circuit 2021-08-13 Denied IFP civil-rights criminal-procedure double-jeopardy due-process jury-trial prosecutorial-misconduct Question not identified.
21-5338 Michael Vincent Moore v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-10 Denied IFP constitutional-rights dna-evidence due-process evidence-admissibility fifth-amendment fourteenth-amendment fourth-amendment mistrial probable-cause prosecutorial-misconduct trial-procedure PETTIONER'S INTERNET FALEBOOK PAGE AND SEEING HIS TAN AND WHITE OG WHEN THE PROSECUTOR RECEIVED THE DNA REPORT ON H/D/AOL ONE WEEK BEFORE FILING AFFID…
21-5315 Rafael Arturo Coto Chinchilla v. Louisiana Louisiana 2021-08-06 Denied Response WaivedIFP closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error 1. WAS THE EVIDENCE IN THE INSTANT CASE INSUFFICIENT TO SUPPORT A GUILTY VERDICT ON ALL THREE COUNTS OF THE BILL OF INFORMATION? 2. DID THE TRIAL COU…
21-5311 Thomas Morgan Soper, II v. Idaho Idaho 2021-08-06 Denied IFP brady-violation constitutional-rights criminal-procedure due-process evidentiary-hearing judicial-discretion prosecutorial-misconduct sentencing separation-of-powers statutory-interpretation *1. 0oes A PisTfaicrF C.jp&'kT A#*®' p&^ef\ &*tcL/o/? RicpT *To Avi e?^o<ef^ o£-0lo5u5pes)^ a/J pefts/'sTMt E/ilfiwceirtert& **3{t O&e.'b a Di^TricT"…
21-160 Justin M. Corliss v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2021-08-04 Denied certificate-of-appealability certificates-of-appealability ex-post-facto false-testimony habeas jury-instruction prosecutorial-misconduct state-court time-barred-charges Whether the applications for certificates of appealability were improperly denied when the issues presented plainly meet the standards articulated by …
21-151 Feanyichi Ezekwesi Uvukansi v. Texas Texas 2021-08-03 Denied Response RequestedRelisted (16) brady-violation burden-of-proof due-process eyewitness-identification false-testimony habeas-corpus materiality materiality-standard prosecutorial-misconduct Petitioner was convicted of capital murder and sentenced to life without parole based on the identification testimony of a single eyewitness who was t…
21-5285 In Re Ivar Voits 2021-08-03 Denied Relisted (2)IFP actual-innocence brady-violations constitutional-claim due-process exceptional-circumstances habeas-corpus judicial-discretion prosecutorial-misconduct Does it appear that Petitioner Mr. Voits lacked an "adequate and effective " opportunity to test the validity of his constitutionally substantial actu…
21-5273 Jerry L. Wheeler v. Randall Hepp, Warden Seventh Circuit 2021-08-02 Denied IFP civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony 1. Whether titled CFf^iwc, t9<JJiS^wc6 OF Counsel*, UjKefJ Trial CauffSgL. FaU<uH To Qh<tripi£jT t Call H) Testify fTk& 2-3 gyz* uj )+cJ£6<} bJKo Sl*f…
21-5256 In Re Isaiah S. Harris, Sr. 2021-07-29 Denied Relisted (2)IFP actual-innocence brady brady-disclosure circuit-split due-process impeachment-evidence newly-discovered-evidence newly-presented-evidence prosecutorial-misconduct Mr. Harris' habeas petition presents exceptional circumstances that have sharply divided the courts below. Eight out of twelve United States of Appeal…
21-5245 Jamie Patrick Hahn v. Georgia Georgia 2021-07-29 Denied Relisted (2)IFP case-record constitutional-rights court-precedent criminal-procedure due-process equal-protection judicial-review legal-denial procedural-challenge prosecutorial-misconduct vindictive-prosecution 1. Will this Court review the fact of the Respondent's vindictive prosecution? The record of the case shows the vindictiveness and the lower courts de…
21-5217 Jeffrey Keller v. Illinois Illinois 2021-07-26 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process eavesdropping eavesdropping-law miranda-rights prosecutorial-misconduct warrantless-arrest I. Whether the Illinois Courts incorrectly found that petitioner's rights were not violated when he was arrested without a warrant inside his office b…
21-5183 Robert McMillian v. United States District of Columbia 2021-07-22 Denied Response WaivedIFP brady-evidence california criminal-procedure district-of-columbia due-process evidence-suppression judicial-conflict prosecutorial-misconduct supreme-court I. Whether the opinion of the District of Columbia Court of Appeals concerning the withholding of material Brady evidence is inconsistent with opinion…
21-5135 Michael Ray Orr v. Texas Texas 2021-07-19 Denied Response WaivedIFP closing-argument criminal-procedure defendant-rights demeanor fifth-amendment prosecutorial-misconduct self-incrimination trial-procedure DID THE TRIAL COURT ERR BY DENYING MR. ORR'S OBJECTION TO IMPROPER CLOSING ARGUMENT BY THE PROSECUTOR? THIS IMPROPER ARGUMENT CONSISTED OF: 1) BY DEL…
21-5118 Michael D. Dyers v. Georgia Georgia 2021-07-15 Denied IFP constitutional-rights conviction-court-dismissal due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement prosecutorial-misconduct right-to-appeal transcript-evidence Question not identified.
21-5074 Samuel Ridder v. Tim Shoop, Warden Sixth Circuit 2021-07-12 Denied Response WaivedIFP alleged-bias appellate-procedure certificate-of-appealability forfeiture ineffective-assistance ineffective-assistance-of-counsel judicial-bias merits-brief prosecutorial-misconduct sixth-circuit 1. Did the Sixth Circuit misconstrue the Certificate of Appealability as a merits brief? 2. Did the Sixth Circuit err as to forfeiture of the claim r…
21-5070 Calvin Bernhardt v. United States Eighth Circuit 2021-07-09 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability district-court-error eighth-circuit ineffective-assistance motion-to-vacate prima-facie prosecutorial-misconduct Whether the Eight Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in denying…
21-20 Jack Albert Chappell v. United States Eighth Circuit 2021-07-08 Denied Response Waived brady-violation criminal-procedure due-process evidence-disclosure evidence-handling fair-trial government-witness prosecutorial-misconduct witness-testimony Under Brady v. Maryland, 373 U.S. 83 (1963), does prosecutorial misconduct and mishandling of evidence constitute a Brady violation when the Governmen…
21-5037 Derrick Vaughn v. United States Seventh Circuit 2021-07-08 Denied Response WaivedIFP criminal-procedure due-process fair-trial in-court-identification prosecutorial-misconduct right-to-counsel sixth-amendment Should the Court grant certiorari to determine whether improper in-court identifications performed at the behest of the prosecution deprived Petitione…
21-5048 Wesley Lynn Ruiz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-08 Denied IFP capital-punishment capital-sentencing certificate-of-appealability due-process eighth-amendment expert-testimony expert-witness false-testimony prosecutorial-misconduct Under the Due Process clause, and the Eighth Amendment, should the prosecution be held responsible for the presentation of false expert testimony on a…
21-5054 Kevin Antonio Watson v. Virginia Virginia 2021-07-08 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence L. Vjke-tlwi Obfhr -tine m //sA-A/^ s-P Pku&rafat lb PfoS^ec-U-hcun j as\^ ra-h 4iri €/r> oF'' '. P4< l4 £ouI 4 kat/e-f'kut'id *ffhe_ Vc&afAfaaf^ tfnT…
20-1825 Jeffrey McClatchy v. Texas Texas 2021-07-01 Denied brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz 1. RELEVANT ISSUES : Brady v. Maryland , 373 U.S. 83 (1963), enshrined the principle that the prosecu-tion is obligated to provide a criminal defendan…
20-1819 Lawrence B. Hughes v. Georgia Georgia 2021-06-30 Denied 14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review Is it a requirement within State Statute of Fed eral law for an indictment to be clear and precise within accusation? In review of deliberation stag…
20-8430 Samuel Gayden v. Illinois Illinois 2021-06-24 Denied IFP chain-of-custody criminal-procedure dna-evidence evidence-admissibility fair-trial ineffective-assistance jury-instructions lay-opinion prosecutorial-misconduct trial-procedure witness-identification I Whether the State misused DNA evidence to link Petitioner to the weapon used in the offense, and to alleged threatening letters sent from the Cook C…
20-8353 Russell Armfield v. Sonja Nicklaus, Warden Seventh Circuit 2021-06-21 Denied IFP bruton-rule bruton-violation civil-rights constitutional-error criminal-procedure due-process ineffective-assistance-of-counsel jury-instructions jury-prejudice prosecutorial-misconduct strickland-claim (1) If a ruling must be contrary to established Federal Law for A Defendant to receive relief, When there is no established Federal Law or Precedent t…
20-8331 Charlene Walker Rosa v. Michael J. Satz, et al. Eleventh Circuit 2021-06-17 Dismissed Relisted (2)IFP attorney-client-confidentiality civil-rights due-process equal-protection fair-trial prosecutorial-misconduct Question not identified.
20-1754 Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-16 Denied Response Waived appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt 1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? 2. Is the Eleventh Cir…
20-8314 Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2021-06-15 Denied Response WaivedIFP certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct 1. Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Co…
20-8266 Eric Lucas v. Florida Department of Corrections, et al. Eleventh Circuit 2021-06-09 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment Whether Petitioner 's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State 's Motions To Allow Hearsay Evidence…
20-8227 Trevor Anderson v. Lynn Lilley, Superintendent, Eastern Correctional Facility Second Circuit 2021-06-04 Denied Response WaivedIFP criminal-defendant criminal-procedure due-process evidentiary-hearing fair-trial implicit-bias prosecutorial-misconduct summation visual-presentation 1. Can a prosecutor's display of a visual presentation during summation activate implicit biases, and if so, does the activation of those biases depri…
20-8216 Justin Michael Wilson v. United States Fourth Circuit 2021-06-03 Denied Response WaivedIFP brady-violation brandishing carjacking carjacking-statute criminal-intent due-process firearm firearm-possession intent prosecutorial-misconduct serious-bodily-injury witness-impeachment 1. In Holloway v. United States, 526 U.S. 1 (1999), this Court held that an "empty threat" of violence is not sufficient to demonstrate that a person …
20-8209 Dennis J. Edwards v. Kim Larson, Warden Seventh Circuit 2021-06-03 Denied Response WaivedIFP constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct trial-procedure witness-testimony Question not identified.
20-8205 In Re John L. McKenzie 2021-06-02 Denied Relisted (2)IFP actual-innocence civil-rights constitutional-rights due-process fabricated-evidence false-evidence habeas-corpus miscarriage-of-justice perjury prosecutorial-misconduct Whether Petitioner is illegally confined where confinement is due solely to the irrefutable fact that police fabricated the only evidence used to conv…
20-8203 Dasheme Kareme Hosley v. Rick Hill, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure In a prosecutorial misconduct claim based upon a misstatement of law during closing argument, should courts presume that the jury followed the trial c…
20-8168 Ross Colby v. United States Ninth Circuit 2021-05-27 Denied Response WaivedIFP criminal-procedure due-process fair-trial juror-sympathy jury-bias jury-instructions prosecutorial-misconduct sixth-amendment Whether the statements of a prosecutor invoking juror sympathy and telling the jury that it has a duty to convict violate the defendant's Sixth Amendm…
20-8095 Pasqual Lozano v. Robert Legrand, Warden, et al. Ninth Circuit 2021-05-20 Denied IFP confrontation-clause due-process fair-trial federal-prisoners habeas-corpus ineffective-assistance-of-counsel ninth-circuit petition-for-review prosecutorial-misconduct sentencing Question not identified.
20-8090 Emem Ufot Udoh v. Minnesota Minnesota 2021-05-20 Denied IFP actual-innocence brady-violation due-process evidentiary-hearing herrera-v-collins ineffective-assistance-of-counsel larrison-v-united-states newly-discovered-evidence prosecutorial-misconduct recantations witness-recantation 1. Rulings Below: The District Court denied relief and the Court of Appeals affirmed. The federal constitutional claim presented on grounds consistent…
20-8088 Emem Ufot Udoh v. Minnesota Minnesota 2021-05-20 Dismissed IFP actual-innocence constitutional-rights due-process fair-trial ineffective-assistance post-conviction prosecutorial-misconduct strickland-v-washington QUESTION ONE: WHETHER THE LOWER COURT ERRED IN THE DENIAL OF APPELLANTS MOTION TO VACATE THE JUNE 15, 2018, NOVEMBER 29, 2018, AND FEBRUARY 05, 2019…
20-8067 In Re Jeremiah Ybarra 2021-05-18 Denied IFP constitutional-rights conviction due-process fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct IS AN AMERICAN CITIZEN'S FIFTH-AMENDMENT VIOLATED WHEN HIS CASE IS NOT PRESENTED TO A GRAND JURY TO GAIN AN INDICTMENT ON THE ALLEGED OFFENSE? DOES A…
20-8055 Julio Aviles, Sr. v. United States Third Circuit 2021-05-18 Denied Response WaivedIFP civil-rights constitutional-violation due-process habeas-corpus judicial-system material-perjury perjury prosecutorial-misconduct search-and-seizure trial-procedure 1. Whether the entire affidavits of probable cause are based on completly Material Perjury? 2. Whether the government illegally searched, seizure and…
20-8005 Philip Steven Matwyuk v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2021-05-12 Denied Response WaivedIFP constitutional-rights due-process equal-protection fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigative-misconduct prosecutorial-misconduct right-to-counsel right-to-self-representation sixth-amendment 1. Was Matwyuks Due Process and Equal Protection and Constitutional Rights violated when trial counsel failed to investigate exculpatory evidence. I.E…
20-8001 In Re Gerald Ross Pizzuto, Jr. 2021-05-12 Denied IFP and the presentation of false testimony denying s constitutes a violation of Brady and Napue warran brady-v-maryland brady-violation due-process evidence-suppression extraordinary-writ false-testimony habeas-corpus judicial-misconduct napue-v-illinois napue-violation prosecutorial-misconduct witness-tampering 1. As noted by Justice Betty Fletcher in her dissenting opinion, "[w]hen faced with the corruption of our legal system, we must start over. The first …
20-7985 Taji Jemal Lee v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2021-05-11 Denied IFP appellate-review brady-violation civil-rights constitutional-rights due-process false-testimony ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct IS a DEFENDANTS 6TH and 14TH AMENDMENT RIGHT TO DUE PROCESS VIOLATED by THE PROSECUTIONS INTENTIONAL CONCEALMENT of MATERIAL EVIDENCE? And if so, is i…
20-7992 Noah Drake Primeaux v. Louisiana Louisiana 2021-05-11 Denied Response WaivedIFP criminal-procedure due-process fair-trial fourteenth-amendment jury-instructions non-unanimous-jury prosecutorial-misconduct ramos-v-louisiana sixth-amendment 1. Reasonable jurists would determine that the holding in Ramos v. Louisiana would apply to persons on Direct Appeal concerning the non-unanlmous jury…
20-7953 Alena Aleykina v. United States Ninth Circuit 2021-05-07 Denied Response WaivedIFP criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment 2. Was it fair to affirm 18 U.S.C. 1519 charge where the integrity of juridical process was harmed by the prosecutor who: a. Submitted doctored indict…
20-7935 Wilmar Rene Duran-Gomez v. United States Fifth Circuit 2021-05-05 Denied Relisted (2)IFP barker-test barker-v-wingo civil-immigration-offense criminal-investigation pretextual-arrest prosecutorial-misconduct sixth-amendment speedy-trial Whether, under the balancing test in Barker v. Wingo, 407 U.S. 514 (1972), prosecutors may prevent attachment of a defendant's Sixth Amendment speedy-…
20-7907 Julio Solano v. California California 2021-05-03 Denied IFP due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter 1. Whether the California Courts failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due pr…
20-7894 Winston A. McKenzie v. Texas Texas 2021-04-29 Denied IFP brady-violation civil-rights constitutional-violations criminal-procedure due-process evidence-tampering material-exculpatory-evidence post-conviction-relief prosecutorial-misconduct sentencing-proceeding standing Whether Petitioners Conviction is infirmed when evidence not legally sufficient to sustain a conviction violated his Fourteenth Amendment right to Due…
20-7893 Anthony Edward Bridget v. California California 2021-04-29 Denied IFP criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy D.N.A EVidENCE; is it fAiR ANEWly DISCOVEREd fOR thE diStRit AtHORNEY's D-N.A ExpERT (WhO hAPPEN tO WORK fOR thE ORANgE CONTy CRIME LAb) to conduct A …
20-7882 Taurean Potter v. United States Third Circuit 2021-04-29 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process evidence-tampering fair-trial false-testimony fourteenth-amendment government-misconduct prosecutorial-misconduct Whether the Government's use of and failure to correct the false and misleading testimony of one of their witnesses violated Petitioner's Constitution…
20-7833 In Re Demarcus Wright 2021-04-22 Denied IFP dna-evidence dna-match due-process expert-testimony expert-witness false-evidence false-testimony habeas-corpus inconclusive-evidence judicial-review perjured-testimony prosecutorial-misconduct 1. Question: Has prejudice been shown where the prosecuting attorney, whether intentional or unintentional, allowed false evidence and inaccurate inf…
20-7810 Antonio Prophet v. Ralph Terry, Acting Warden Fourth Circuit 2021-04-20 Denied Response WaivedIFP discovery-evidence doyle-v-ohio post-miranda-silence presumption-of-innocence prosecutorial-misconduct tailored-testimony 1. Does a prosecutor 's remarks made at trial asserting that a defendant used his govemmentally-induced "two years " of post -Miranda silence to tail…
20-7752 Bralen Lamar Jordan v. Kathleen H. Sawyer, et al. Seventh Circuit 2021-04-14 Denied Response WaivedIFP bribery civil-procedure civil-rights document-misstatement due-process evidence judicial-misconduct legal-misconduct malicious-prosecution prosecutorial-misconduct Skf&Ui FoA Tint tizCQ-M. To Rtx/ltwJ gAg.hAg.GUS TuOlf.-, R.L AAi StLoNhu£. T Aivin JvUUuouS PgQjeCuT.-oivi jXnI K.utli*t TuSXctjwfcriT Xw Nti CjkSt …
20-7740 Jason Robert Vickers v. Kenneth Diggs, Warden Fourth Circuit 2021-04-14 Denied Response WaivedIFP criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction Whether a Criminal defendant is indicted in order to charge and/or convict with a harsher Crime, if a Criminal defendant is indicted with a particular…
20-7735 DeAndre Harris v. Michigan Michigan 2021-04-14 Denied IFP advocacy-appearance constitutional-challenge due-process evidentiary-breach evidentiary-issues fair-trial ineffective-assistance-of-counsel ineffective-counsel judicial-bias judicial-impartiality prosecutorial-misconduct trial-court-discretion I. Did the trial court's questioning of multiple witnesses that essentially advocated strengthen the prosecution's and pierce the veil of Case judicia…
20-7713 Anthony Keenan Sharp v. Lawrence Long, Judge, Second Judicial Circuit Court of South Dakota, et al. Eighth Circuit 2021-04-13 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process equal-protection exculpatory-evidence fair-trial freedom-of-speech prosecutorial-misconduct unlawful-search-and-seizure ntain within PlaInTiFE Request Fon Admission ano H qIntIFE FiNST REGUEST FOR PRodUCtIOn OF Documents LocedUReS aS FoUnd UndeR SDCLS3 19-19-4O/ET SEG.G…
20-7728 Keith Smeaton v. United States Ninth Circuit 2021-04-13 Denied Response WaivedIFP ada civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel learning-disability plea-conviction prosecutorial-misconduct standing 1 - Would a reasonable Jurist find the Appellant Constitutional Rights under e.g. The 1st, 5th, 6ths and 14th Amendments had been denied? 2 - Was the…
20-7699 DeAngelo Horn v. Florida Florida 2021-04-09 Denied Response WaivedIFP admissibility banks-v-dretke brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence federal-habeas pretrial-discovery prosecutorial-misconduct This Court first announced the due process requirement that the State disclose favorable exculpatory or impeachment evidence in Brady v. Maryland, 373…
20-7687 Ronald James Hamilton, Jr. v. Texas Texas 2021-04-07 Denied IFP capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony I. Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous…
20-7674 Kuantau Reeder v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response RequestedResponse WaivedRelisted (2)IFP brady-v-maryland brady-violation criminal-procedure due-process giglio-v-united-states impeachment-evidence materiality materiality-standard prosecutorial-misconduct witness-credibility In a murder prosecution in which the Orleans Parish District Attorney's Office presented no scientific evidence, no video evidence, no motive evidence…
20-7656 James Robert Monson v. United States Sixth Circuit 2021-04-06 Denied Response WaivedIFP appeal-waiver constitutional-rights due-process fundamental-rights intentional-misconduct prosecutorial-misconduct sentencing united-states-attorney 1. Whether the United States Attorney Offices' standard appeal waiver violates due process of law where, subsequent to the defendant signing the waive…
20-1401 James Dennis v. Virginia Virginia 2021-04-06 Denied Response Waived confrontation-clause constitutional-rights cruel-and-unusual-punishment due-process false-evidence fifth-amendment first-amendment fourteenth-amendment prosecutor prosecutorial-misconduct A. Does any Court have the authority to extinguish a defendant's due process rights via the Fifth and Fourteenth Amendment by allowing the prosecutor …
20-7653 Jeffrey Denton v. John Davids, Warden Sixth Circuit 2021-04-02 Denied IFP actual-innocence constitutional-error due-process fair-trial habeas-corpus judicial-review newly-discovered-evidence procedural-gateway prosecutorial-misconduct trial-confidence Whether it can be presumed given the facts underlined in Schlup v Delo 513 US 298; 115 SC 851 (1995), Holland v Florida 560 US 631; 130 SC 2549 (2010)…
20-7638 Cesar Gomez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-04-01 Denied IFP constitutional-amendment constitutional-rights due-process fair-trial grand-jury harmless-error indictment-amendment prosecutorial-misconduct 1) In adopting the 12th Court of Appeals opinion, who used the State's 'harm analysis'' standard, did the U . S . Dis t. Court apply the harmless- err…
20-7603 In Re Bruce Allen Rutherford 2021-03-30 Denied Response WaivedIFP constitutional-rights discovery due-process grand-jury habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-delay prosecutorial-misconduct section-2255-motion The district court Judge A. Marcia Crone, has unreasonably delayed the ruling on my 28 U.S.C. §2255 Motion for over Seventeen (17) months after the la…
20-7598 Marcellus Thomas v. Sonja Nicklaus, Warden Seventh Circuit 2021-03-29 Denied Response WaivedIFP civil-rights due-process equal-protection ineffective-assistance-of-counsel jurisdiction prosecutorial-misconduct Question not identified.
20-7579 Donald Phillips v. Texas Texas 2021-03-29 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel judicial-misconduct juror-misconduct jury prosecutorial-misconduct sixth-amendment trial-procedure 1. Is it proper or a violation of the 6th Amendment due process law for a defense attorney to discover that during testimony in trial one of the juror…
20-7556 Terrence A. McKnight v. R. Johnson, et al. Ninth Circuit 2021-03-25 Denied Response WaivedIFP 9th-circuit appellate-review criminal-procedure due-process habeas-corpus harmless-error hearsay-evidence prosecutorial-misconduct standards-of-review 1. Under 28 U.S.C. § 2254(d) (1)& (2), did the California Court of Appeal unreasonably determine that the established prosecutorial misconduct in rely…
20-7442 Ahmad Shalash v. David W. Gray, Warden Sixth Circuit 2021-03-12 Denied Response WaivedIFP appellate-review civil-rights constitutional-challenge due-process habeas-corpus judicial-standard legal-precedent prosecutorial-discretion prosecutorial-misconduct recantation standing undue-burden Zof /}ppeals for He St x/k Ha.s fye. ZCn i Zed Z>fa Ces ir* po&ed <xn tmproper burden and tcnduiy kturden Some d&r /i ftc<k ie Q f $ pp€.ai<xj)i fI f…
20-7397 William Randolph King v. Thomas Winn, Warden Sixth Circuit 2021-03-09 Denied IFP 8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur…
20-7352 In Re Henry Lee Rudolph 2021-03-08 Denied IFP collateral-estoppel constitutional-provisions criminal-procedure double-jeopardy due-process fraud-on-the-court judicial-discretion post-conviction-relief predicate-offense prosecutorial-misconduct supreme-court-discretion Did the Utah Supreme Court commit fraud by stating The Framers rights were desired by and Rodelph requested, and by stating Three Tiered banner Violat…
20-7292 Matthew Lee Staszak v. United States Seventh Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP 18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 I. WHETHER THE SUPREME COURT SHOULD GRANT THE WRIT WHERE PROSECUTORIAL MISCONDUCT AND INEFFECTIVE ASSISTANCE OF COUNSEL VIOLATES DUE PROCESS WHERE NO …
20-7270 Keith D. Barmore v. Sonja Nicklaus, Warden Seventh Circuit 2021-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial first-degree-murder ineffective-assistance ineffective-assistance-of-counsel involuntary-manslaughter jury-instructions prosecutorial-misconduct Whether Petitioner was deprived of his due-process of law, and a fair trial, where the trial court never orally read the jury instructions to the jury…
20-7273 Patrick Roger Brigaudin v. United States Eighth Circuit 2021-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial plea-bargaining prosecutorial-discretion prosecutorial-misconduct sentencing sentencing-enhancement sixth-amendment iOhLtbtr flu pr&seci&.t'ofa thctcjfd to cl, dtftndanf that- he lO&tL'ld. rectrVe. h'-ft 5-cofence (f ht d:d not accept cl p{tQ_ tf-f fer cLto (td. h<…
20-7251 Eric Lyle Williams v. Texas Texas 2021-02-25 Denied Amici (1)IFP criminal-procedure death-penalty due-process fair-trial prosecutor-bias prosecutorial-misconduct recusal structural-error (1) Does the participation of a conflicted and recused prosecutor in a death penalty trial violate due process? (2) Does the undisclosed participatio…
20-7195 Javan Fredrick Mays, aka Von Frederick Mayes v. Scott Lewis, Warden Fourth Circuit 2021-02-23 Denied Response WaivedIFP appellate-review brady-violation constitutional-rights criminal-procedure due-process post-conviction-relief procedural-barriers prosecutorial-misconduct right-to-counsel subject-matter-jurisdiction suppressed-evidence vaAV\ e.W\ £f +Vi<£ peVt-fvo \ne.c^ £-ovw{ '£,-V-tov r\ s (fi '^r\v€. SY<3i\r£ fouVeA fo pfovi A-€ VuvYvAVte. ViM-i fYi^s vY\eAi£-d\ 'CeCof As uik'« …
20-7080 Jimmy Lloyd Alexander v. California California 2021-02-08 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-seizure fair-trial judicial-bias prosecutorial-misconduct Question not identified.
20-7059 Glen Thomas Dotson v. Dewayne Hendrix, Warden Eighth Circuit 2021-02-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony Was the petitioner deprived of a fair trial when the only Government witness to incriminate him lied to the jury that the defendant appeared before th…
20-1056 Justin Wolfe v. Virginia Virginia 2021-02-03 Denied Response RequestedResponse WaivedRelisted (2) appellate-rights constitutional-authority criminal-procedure due-process federal-habeas forfeiture-rule plea-bargaining prosecutorial-misconduct vindictive-prosecution After petitioner Justin Wolfe obtained federal habeas relief because of "abhorrent" prosecutorial misconduct, the Commonwealth of Virginia vindictivel…
20-6952 In Re Russell Adam Pelletier 2021-01-26 Denied IFP civil-rights criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance prosecutorial-fraud prosecutorial-misconduct standing 1) Does the exceptional circumstances within ihis Writ reach the level required tor Court to use Its discretionary powers ? 2) Does ignorance of the …
20-6922 Melvin Bonnell v. Ohio Ohio 2021-01-25 Denied IFP brady-vs-maryland capital-punishment criminal-procedure due-process evidence prosecutorial-misconduct When a capital ly sentenced defendant credibly demonstrates that (1) state actors have cont inually exhibited bad faith throughout the history of a …
20-986 Michael Gregory Hubbard v. Alabama Alabama 2021-01-25 Denied Response Waived criminal-law criminal-statutes due-process fair-notice first-impression-law legal-interpretation official-actions official-misconduct prosecutorial-misconduct prosecutorial-theory statutory-interpretation Did the Supreme Court of Alabama deprive Petitioner of due process of law, when it affirmed his conviction based on (a) first-impression interpretatio…
20-6856 Lavon Oden v. Neil Turner, Warden Sixth Circuit 2021-01-14 Denied Response WaivedRelisted (2)IFP confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment Was LaVon Oden's Sixth Amendment:.Confrontation Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, wh…
20-6866 Kevin Sutherby v. Sherman Campbell, Warden Sixth Circuit 2021-01-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest Whether, Mr. Sutherby is entitled to a new trial, based on Newly Discovered Evidence, Ineffective Assistance of Counsel at trial, and appeals, and the…
20-6871 Angnem Green v. New York New York 2021-01-13 Denied IFP closing-argument constitutional-rights criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct racial-bias racial-discrimination Petitioner an African-American man, was tried for the crime of Criminal Sale of a Controlled Substance, namely cocaine. During the prosecutor's closin…
20-6817 Jerry Lee Quinn v. United States Fifth Circuit 2021-01-11 Denied Response WaivedIFP circuit-split codefendant codefendant-testimony evidence-admission fifth-circuit-review hearsay hearsay-statement plain-error prior-consistent-statements prosecutorial-misconduct tome I. THIS COURT SHOULD GRANT CERTIORARI BECAUSE THE FIFTH CIRCUIT'S MISAPPLICATION OF THE PLAIN ERROR DOCTRINE TO BAR REVIEW OF QUINN'S CLAIM THAT THE P…
20-6815 Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-08 Denied Response WaivedIFP constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations IS IT WRITTEN IN THE U.S. CONSTITUTION THAT A PERSON MAY BE INDICTED, REINDICTED .3-TIMES WITH SAME CAUSE NUMBER: BROADEN, ABANDON, AND BRING ABANDONE…
20-6800 Harry Miller v. United States Seventh Circuit 2021-01-08 Denied Response WaivedIFP brady-rule brady-v-maryland constitutional-law criminal-procedure due-process exculpatory-evidence favorable-evidence materiality prosecutorial-disclosure prosecutorial-misconduct trial-fairness How does a court determine whether evidence that the prosecution did not share with the defense before trial is "favorable" under the standard announc…
20-6711 Pat Dee Leatherman v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-12-29 Denied IFP 5th-amendment civil-rights due-process effective-assistance-of-counsel exculpatory-evidence fifth-amendment obstruction-of-justice prosecutorial-misconduct standing Question not identified.
20-6705 Ian LaMonte Cormier v. James Comey, et al. Ninth Circuit 2020-12-23 Denied IFP compulsory-process confrontation-clause due-process effective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Question not identified.
20-6683 Reynaldo Diaz-Guzman v. United States Sixth Circuit 2020-12-21 Denied Response WaivedIFP civil-rights constitutional-violation criminal-procedure due-process evidence-suppression judicial-discretion jurisdiction prosecutorial-misconduct standing subject-matter-jurisdiction Whether The court of Appeals erred and abused its discretion For Forfeiting The challenge The indictment and argue For dismissal For lack of subject m…
20-6675 Augustine L. Cavitte v. Nebraska Nebraska 2020-12-21 Denied Response WaivedIFP criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness 1) Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals…
20-6663 Benjamin Justin Brownlee v. New York New York 2020-12-18 Denied IFP brady-violation criminal-discovery criminal-procedure discovery due-process late-disclosure medical-evidence medical-records prosecutorial-misconduct trial-procedure Did the prosecution violate its duties under Brady v Maryland (373 US 83 [1963]) and its progeny by withholding the complainant's medical records unti…
20-6643 Adrian McCray v. Scott Lewis, Warden, et al. Fourth Circuit 2020-12-17 Denied IFP civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct standing Question not identified.
20-6615 Cornell McHenry v. Texas, et al. Fifth Circuit 2020-12-11 Denied IFP conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony Did the Fifth Circuit err in deferring to the State trial Counsel's conflict of Interest and failure to Call a witness who would have impeached the st…
20-6597 John Aguilar v. Willis Chapman, Warden Sixth Circuit 2020-12-10 Denied Response WaivedIFP change-of-venue constitutional-rights due-process effective-assistance-of-counsel fair-trial guilt ineffective-assistance-of-counsel prior-bad-acts prosecutorial-misconduct witness-testimony I. Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the Un…
20-6591 Jose Delores Vanegas v. United States Fourth Circuit 2020-12-09 Denied Response WaivedIFP constitutional-rights conviction due-process fifth-amendment fourth-amendment judicial-discretion prosecutorial-misconduct remand I WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY REFUSING TO ACCEPT THE . PETITIONER'S CLAIMS WITHOUT CONDUCTING THE PROPER SPECIFIC FACT-FINDINGS …
20-6547 David Franklin McNees, Jr. v. Michigan Michigan 2020-12-07 Denied Relisted (2)IFP actual-innocence brady-violation due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct DID THE FEDERAL AND STATE COURT'S ABUSE THEIR DISCRETION WHEN THEY MISAPPLIED THE LAW IN DENYING PETITIONER'S MOTION FOR A NEW TRIAL AND GINTHER HEARI…
20-6479 Genaro Garcia v. Indiana Indiana 2020-11-30 Denied Response WaivedIFP 14th-amendment civil-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel post-conviction post-conviction-petition prosecutorial-misconduct I. Is State Appellate Court's unexplained to allow a petitioner to file a successive petition for Post-Conviction reliet under Rule I(zz) and Post-Con…
20-736 Adam Frasch v. Florida Florida 2020-11-27 Denied Response Waived appeals brady-v-maryland brady-violation criminal-defendant criminal-procedure discovery due-process evidence evidence-disclosure evidentiary-hearing prosecutorial-misconduct Whether a criminal defendant is entitled to an evidenti ary hearing to determi ne if a violation has occur red pursuant to Brady v. Maryland , 373 U.S…
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony 1. Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross…
20-6371 Antoine Moseley v. Daniel Clarke Seventh Circuit 2020-11-19 Denied IFP 14th-amendment 5th-amendment double-jeopardy double-jeopardy-clause due-process fact-finding fifth-amendment fourteenth-amendment insufficient-evidence prosecutorial-misconduct statutory-elements Whether there were post-acquittal fact-finding proceedings going to guilt or innocence of count 3 and count 4 that shared identical statutory elements…
20-6390 Rigoberto Cabrera v. United States Eleventh Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony 1. Whether Cabrera made a sufficient showing that he received ineffective assistance of counsel as a result of his counsel's failure to challenge the …
20-6384 Owen McCants v. Steven Silva First Circuit 2020-11-19 Denied IFP abuse-of-discretion appeals criminal-procedure due-process evidence-sufficiency federal-law-violation ineffective-counsel judicial-discretion judicial-review pretrial-procedure prosecutorial-misconduct standard-of-review #1 : WHETHER THE TRIAL COURT, APPEALS COURT, AND SUPREME JUDICIAL COURT ABUSED THEIR DISCRETION? #2: WHETHER THE EXCLUSION OF THE DEFENDANT FROM TH…
20-6387 Darrin B. Woodard v. United States Tenth Circuit 2020-11-19 Denied Amici (1)Relisted (7)IFP constitutional-rights criminal-procedure due-process government-justification pre-indictment-delay preindictment-delay prejudice prosecutorial-discretion prosecutorial-misconduct tenth-circuit-standard Whether, as many courts have held, allowing a prosecution to continue after lengthy and demonstrably prejudicial delay in filing criminal charges offe…
20-686 Michael Shock v. Arkansas Arkansas 2020-11-17 Denied Response Waived brady-violation civil-rights constitutional-law discovery-violation double-jeopardy due-process equal-protection mistrial oregon-v-kennedy prosecutorial-misconduct standing statutory-interpretation Are significant discovery and Brady violations by the prosecuting attorney, necessitating the grant of a mistrial, sufficient to invoke the double j…
20-6352 G. N. W. v. New Jersey New Jersey 2020-11-17 Denied IFP criminal-procedure due-process prejudice prosecutorial-misconduct right-to-counsel speedy-trial Question not identified.
20-6321 Alexander Cameron v. John F. Walrath, Warden Fourth Circuit 2020-11-13 Dismissed IFP civil-rights constitutional-violation due-process evidence-suppression false-evidence false-forensic-evidence habeas-corpus prosecutorial-misconduct witness-fabrication witness-tampering Can the State convict an innocent defendant for crime against a person that do not exist? Can the State Convict an innocent through the Prosecutarial…
20-6302 Nguyen Vu v. Pennsylvania Pennsylvania 2020-11-13 Dismissed Response WaivedIFP due-process equal-protection fourteenth-amendment habeas-corpus judicial-bias perjured-testimony prosecutorial-misconduct Section 1 of the Fourteenth Amendment to the United States Constitution states, in part, nor shall any State deprive any person of life, liberty, or …
20-652 George Georgiou v. United States Third Circuit 2020-11-12 Denied Response Waived 28-usc-2255 brady-v-maryland brady-violation certificate-of-appealability counsel-waiver due-process napue-v-illinois prosecutorial-misconduct rule-8c witness-testimony Whether the order of the court of appeals denying a certificate of appealability should be reversed and remanded, because it is manifestly incorrect t…
20-6250 Kyle A. Box v. New York New York 2020-11-06 Denied Response WaivedIFP 14th-amendment brady-violation criminal-procedure due-process equal-protection exculpatory-evidence prosecutorial-misconduct According to Grady Vs. Mee 379 U.S. 109 (1964), any evidence in possession of the prosecution that can be favorable for the defense, must be made over…
20-613 Lyle Mark Coultas v. Carroll Tichenor, Individually and in His Official Capacity as a Yamhill County Prosecutor, et al. Ninth Circuit 2020-11-05 Denied Response WaivedRelisted (2) circuit-court-review civil-rights due-process due-process-violation fabricated-facts fraud-on-the-court judicial-fraud judicial-misconduct prosecutorial-misconduct standing supreme-court supreme-court-jurisdiction Can the United States Ninth Circuit Court of Appeals disregard the United States District Court Judge Marco Hernandez intentional fabrication of facts…
20-6232 Brian Dwight Peterson v. Randee Rewerts, Warden Sixth Circuit 2020-11-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance-of-counsel law-enforcement prosecutorial-misconduct right-against-self-incrimination right-to-counsel trial-procedure Question not identified.
20-6193 Martin L. Harrell v. United States Eleventh Circuit 2020-11-02 Denied Response WaivedIFP criminal-procedure diligence-standard due-process habeas-corpus material-fact mcquiggin mcquiggin-standard new-evidence prosecutorial-misconduct summary-denial Whether Evidence Not Presented as the Result of Prosecutorial Misconduct Should Be Considered New Evidence under McQuiggin? Whether a District Court …
20-6190 Bradley R. Freeman v. New Mexico New Mexico 2020-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct 1. Does the Constitution require, before entering into a binding plea agreement with a criminal defendant, that the prosecution disclose favorable, ma…
20-6179 Hai Duong v. Darrel Vannoy, Warden Fifth Circuit 2020-10-30 Denied Response WaivedIFP constitutional-violation doyle-v-ohio due-process equal-protection harmless-error miranda-rights post-conviction-relief prosecutorial-misconduct Under the particularized need doctrine, indigent defendants are allowed to file applications for post-conviction relief without supporting documentati…
20-548 Jessie Eugene Shelton v. Robert C. Tanner, Warden Fifth Circuit 2020-10-26 Denied Response Waived 5th-amendment 6th-amendment due-process improper-jurisdiction ineffective-assistance ineffective-assistance-of-counsel pro-se-filing prosecutorial-misconduct Whether a pro se filing by petitioner in 2012 to the District Court, alleging ineffective assistance of counsel and an invalid plea would deny a secon…
20-6118 Ramon Wall v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. Third Circuit 2020-10-23 Denied Response WaivedIFP civil-rights constitutional-violation due-process equal-rights ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice misconduct plea-agreement prosecutorial-misconduct Did Trial Counsel's serial ineffectiveness prejudice Petitioner/ creating a miscarriage of justice, that demands his conviction be vacated? Did the h…
20-497 Jamal A. Azeez v. West Virginia West Virginia 2020-10-15 Denied Response WaivedRelisted (2) actual-innocence civil-rights constitutional-rights ex-post-facto false-arrest jury-selection megan-laws perjury prosecutorial-misconduct racial-discrimination 1. Did the lower court condone systemic injustice against Petitioner ("Azeez "), a colored citizen, knowing that he was falsely arrested and indicted…
20-6036 Torrey Washington v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-10-15 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance jury-instructions prosecutorial-misconduct evidence never prove goilt Beyond a Reasonable doubt? Atornery when She vouched that her experts Was telling the troth and did this deny the Petihoer…
20-6025 Steven McManus v. Mary Vann, Superintendent, Altona Correctional Facility Second Circuit 2020-10-15 Denied IFP burden-of-proof emotional-appeals evidence-mischaracterization fair-trial inflammatory-statements prosecutorial-misconduct vouching witness-vouching Whether the cumulative effect of the prosecutor continually referencing matters not in evidence; her vouching for her witnesses; her acting as an unsw…
20-6024 Keinald V. Parnell v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Eighth Circuit 2020-10-15 Denied Response WaivedIFP actual-innocence constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence post-conviction-relief prosecutorial-misconduct Defendant contend? that he i? being held on what what contend? to be a void judgement redured during a jury trial where the main witne?? who wa? al?o …
20-6012 Allen Young v. United States Seventh Circuit 2020-10-14 Denied Response WaivedIFP constitutional-defect discovery-violations due-process fifth-amendment fourth-amendment indictment-defects insufficient-evidence perjury prosecutorial-misconduct search-and-seizure (1) Where the conviction is built on perjury, the prosecution knew of Head Agent Dana McNeai and alleged victim's falsb testimony oath, and prosecutio…
20-6006 Terrance Leon Washington v. Crystal Willett, Superintendent, Meherrin River Regional Jail Fourth Circuit 2020-10-14 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process entrapment ineffective-assistance prosecutorial-misconduct state-court-conviction \ow jmftrcxmxaA °u S&oSch ay\^ ^^ iXnL Wl^ fraud\xUrJ- S*arck Wo^on^and ^jC-d l(j 6 jo bu/lXcP xnW/n^s an (Kras ^ ^ W'W *U>'^W prcUkk ^rxXw^raX Jdv4w …
20-5973 Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility Second Circuit 2020-10-09 Denied IFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment 1. Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Co…
20-5956 Tracy Lynn Cope v. Randy Lee, Warden Sixth Circuit 2020-10-08 Denied Response WaivedIFP aedpa aedpa-standard brady-v-maryland brady-violation confidential-informant criminal-trial due-process prosecutorial-misconduct sixth-circuit sixth-circuit-review Whether the Sixth Circuit's property applied the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in denying Petition relief where in the…
20-5935 Frank Allen Levi Holland v. Michigan Michigan 2020-10-07 Denied IFP burden-of-proof compulsory-violations confrontational-violations constitutional-rights criminal-procedure due-process evidence-admission ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct Is leaving allowance for a defendant's Sixth and Federal Constitutional right to due process of law to be violated by denying erroneous instructions a…
20-5866 Shawn Kristi Dicken v. Shawn Brewer, Warden Sixth Circuit 2020-10-01 Denied Response WaivedIFP brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct I. WAS PETITIONER DENIED DISCOVERY PURSUANT TO BRADY v. MARYLAND 373 U.S. 83 VIOLATING HER V, VI AND XIV CONST. AMENDS.? II. WAS IMPROPER EXPERT OPI…
20-5884 Charles Chad Giese v. California California 2020-10-01 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination I. Did Police Violated Giese's Miranda Rights by Interrogating Him While He was in Custody? II. By Excluding Evidence of the Decedent's Drug Use, Was…
20-5844 Horacio Santamaria, Jr. v. United States Fifth Circuit 2020-09-30 Denied Response WaivedIFP constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE WITH RESPECT TO THE INDICTMENT, INADEQUATE JURY INSTRUCTIONS, PROSECUTORIAL MISCONDUCT…
20-5840 James Robert Miller v. United States Ninth Circuit 2020-09-29 Denied IFP conflict-of-interest criminal-procedure due-process ethical-violations federal-jurisdiction indictment-dismissal prosecutorial-misconduct recusal Should this Court grant the petition for writ of certiorari to resolve the important federal question of whether a prosecutor's initiation of an inves…
20-5821 Calvin Simpson v. Illinois Illinois 2020-09-28 Denied IFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sexual-assault due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct sexual-assault Question not identified.
20-5830 Taryn Christian v. Todd Thomas, Warden Ninth Circuit 2020-09-28 Denied Response WaivedIFP brady brady-violation due-process fraud-on-the-court habeas habeas-corpus judicial-misconduct judicial-recusal prosecutorial-misconduct recusal sixth-amendment 1. Whether the district court ignored due process by its repeated failure to rule on petitioner's Brady claims. Whether a district court judge's impa…
20-5765 Daniel F. Borden, Sr. v. Gary Swarthout, Warden Ninth Circuit 2020-09-23 Denied Response WaivedRelisted (2)IFP brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence exculpatory-evidence probable-cause prosecutorial-misconduct Was a Candy Mealy to Police Officers, when The Are Excalpatoay Matecial Evid m exon eanke, A Persens? ial, Evidence That Wo a @ Caw the People Tusk Di…
20-5717 William Bradner v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici…
20-5682 Simon F. Ranteesi v. Eric Arnold, Warden Ninth Circuit 2020-09-14 Dismissed Response WaivedIFP civil-rights constitutional-rights due-process expert-testimony fair-trial ineffective-counsel jury-instructions medical-malpractice mental-state prosecutorial-misconduct (1) Was Petitioner denied his Human and Civil Rights Under the First, fifth, sixth, eight, and fourteenth Amendment to the United States Constitution,…
20-326 Mitchell J. Stein v. United States Eleventh Circuit 2020-09-11 Denied Amici (2) constitutional-rights criminal-procedure criminal-prosecution discovery due-process exculpatory-evidence false-testimony government-misconduct prosecutorial-misconduct Whether the Due Process Clause excuses the government's knowing use of false testimony in a criminal prosecution so long as the government divulged ev…
20-5629 Lester Waller v. Vance Laughlin, Warden Georgia 2020-09-09 Denied Response WaivedIFP due-process expert-witness-testimony fourteenth-amendment ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-court-error waiver-of-counsel Did the Trial Court err when it determined Defendant's waiver of counsel was valid thus violating his Sixth Amendment Right to Counsel and his Fourtee…
20-5631 Riggin Valley v. Texas Texas 2020-09-09 Denied IFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct Question not identified.
20-309 John E. Reardon v. New Jersey, et al. Third Circuit 2020-09-09 Denied civil-procedure civil-rights collateral-attack common-law-mandates due-process judicial-immunity jurisdictional-challenge prosecutorial-immunity prosecutorial-misconduct standing void-proceedings Whether Judges, Prosecutors and other officials can be held liable for either Equity and/or Legal relief for any of the following reasons. 1. Their a…
20-292 John Pinder v. Scott Crowther, Warden Tenth Circuit 2020-09-04 Denied Response Waived constitutional-rights conviction criminal-conviction due-process false-testimony federal-courts judicial-review prosecutor-misconduct prosecutorial-misconduct state-courts Whether Due Process is violated when a prosecutor relies on false testimony to secure a conviction but did not know that the testimony was false until…
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…
20-5463 Rowmoto Rogers v. Gregory Skipper, Warden Sixth Circuit 2020-08-28 Denied Response WaivedIFP closing-arguments constitutional-rights criminal-procedure due-process prosecutorial-misconduct trial-procedure witness-credibility WHETHER THE PROSECUTOR WAS IMPROPERLY ALLOWED TO VOUCH FOR THE CREDIBILITY OF HIS STAR WITNESS DURING CLOSING ARGUMENTS, DENYING VARIOUS CONSTITUTIONA…
20-229 Michael Woolen v. California California 2020-08-26 Denied 14th-amendment 6th-amendment civil-rights constitutional-rights due-process free-speech habeas-corpus judicial-error mental-illness prosecutorial-misconduct I. WHETHER PETITIONER ,1 OF 60 MILLION AMERICANS WITH MENTAL ILLNESS WAS DEPRIVED BILL OF RIGHTS PROTECTIONS OF AMENDMENT I ,V ,VI ,IX ,AND XIV. WHER…
20-5493 Tobias O. Reed v. Virginia Virginia 2020-08-25 Denied IFP constitutional-evidence criminal-investigation ex-parte-order exclusionary-rule good-faith-defense good-faith-exemption illinois-v-krull prosecutorial-conduct prosecutorial-misconduct I. Are prosecuting attorneys who engage with a court in the course of conducting a criminal investigation, such as obtaining an ex parte order, entitl…
20-5445 Jelani Walker v. Ed Sheldon, Warden Sixth Circuit 2020-08-21 Denied Response WaivedIFP criminal-procedure due-process federal-courts federal-review habeas-corpus judicial-procedure merits-ruling procedural-default prosecutorial-misconduct sanctions state-court state-courts defense cause prejudice } due to inadequate nofice? If so, is it bad favth -for a conscious prosecutor to seeK this outcome? Does a Federal Court's,…
20-5425 Rasheen J. Gamble v. New York New York 2020-08-20 Denied IFP confrontation-clause criminal-procedure cumulative-error dna-evidence due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct I. WAS DEFENSE COUNSEL INEFFECTIVE FOR CONSENTING TO THE PROSECUTOR'S EXTREMELY UNTIMELY REQUEST FOR A DNA SAMPLE —A MOVE THAT THE APPELLATE DIVISI…
20-5419 Michael D. Dyer v. Aimee Smith, Warden, et al. Georgia 2020-08-19 Denied IFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel Question not identified.
20-5402 Joseph Glenn Savicki v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-08-19 Denied Response WaivedIFP certificate-of-appealability constitutional-review due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-review procedural-error prosecutorial-misconduct Question not identified.
20-5389 Milkiyas Bayisa v. United States District of Columbia 2020-08-18 Denied Response WaivedIFP appellate-procedure closing-argument constitutional-rights due-process judicial-review prosecutorial-misconduct rebuttal religious-references I. WHETHER THE PROSECUTOR' S REPEATED REFER ENCES TO GOD DURING REBUTTAL CLO SING ARGUMENT CONSTI TUTED HIGHLY PREJUDICIAL PROSECUTORIAL MISCONDUCT RE…
20-5357 Anthony Collymore v. Connecticut Connecticut 2020-08-14 Denied Response WaivedIFP compulsory-process due-process fair-trial immunity prosecutorial-misconduct self-incrimination statutory-immunity witness-immunity Whether the petitioner's rights to due process of law, compulsory process and fair trial were violated, and whether the petitioner should be required …
20-5360 Reinaldo Dennes v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-14 Denied IFP brady-evidence brady-violation cause-and-prejudice circuit-split cullen-v-pinholster due-diligence due-process evidence-suppression habeas-corpus napue-evidence prosecutorial-misconduct witness-credibility Given the extreme facts of this case, should this Court finally turn to footnote 10 and Justice Sotomayor's dissenting opinion in Cullen v. Pinholster…
20-156 Kevin Edward Connors v. Texas Texas 2020-08-13 Denied brady-v-maryland brady-violation cold-record credibility-determinations due-process fact-finding habeas-corpus prosecutorial-misconduct witness-credibility I. Whether it violates due process for a superior court to substitute its own unfavorable fact findings based on a cold record for an inferior court's…
20-5312 Sharrieff Brown v. California Department of Corrections and Rehabilitation Ninth Circuit 2020-08-10 Denied Response WaivedIFP circuit-court-interpretation discovery-violations habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecutorial-disclosure prosecutorial-misconduct statute-of-limitations summary-reversal Petitioner Sharrieff Brown filed a claim for the ineffective assistance of counsel based on trial counsel's failure to locate critical impeachment mat…
20-5294 Byron Becton v. Shawn Phillips, Warden Sixth Circuit 2020-08-07 Denied Response WaivedIFP due-process fair-trial fifth-amendment fourteenth-amendment ineffective-assistance prosecutorial-misconduct self-incrimination Did the prosecutor's misconduct deprive the petitioner of a fair trial that violated petitioner's Fifth and Fourteenth Amendment rights against self-i…
20-5247 Avern Lee Burnside v. Randee Rewerts, Warden Sixth Circuit 2020-08-04 Denied Response WaivedRelisted (2)IFP certificate-of-appealability due-process habeas-corpus newly-discovered-evidence perjured-testimony presumption-of-correctness prosecutorial-misconduct DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DEN…
20-101 Lloyd Harris v. Maryland Maryland 2020-08-03 Denied Amici (1)Response RequestedResponse WaivedRelisted (14) actual-prejudice balancing-test constitutional-rights criminal-procedure due-process fair-trial preindictment-delay prejudice-analysis prosecutorial-misconduct prosecutorial-motive Where preindictment delay has caused actual prejudice to the accused's ability to defend himself, does the Due Process Clause require (1) the defendan…
20-5170 William Russell Williams v. Michigan Michigan 2020-07-24 Denied IFP actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines I. Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury where the trial court refused to prov…
20-5154 Jorge Armando Herrera Salguero v. California Ninth Circuit 2020-07-23 Denied Response WaivedIFP certificate-of-appealability closing-argument credibility due-process habeas habeas-corpus prosecutorial-misconduct witness-credibility Is the Ninth Circuit's denial of a COA on Salguero's prosecutorial misconduct claim contrary to this Court's jurisprudence?
20-5145 In Re Charles Talbert 2020-07-22 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-admissibility fair-trial ineffective-assistance-of-counsel judicial-discretion post-conviction-review prosecutorial-misconduct Question not identified.
20-5116 Steven B. Anderson v. Thomas Winn, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights criminal-trial demonstrative-evidence due-process fair-trial false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct I. Did The State Prosecutor Violate Petitioner's Constitutional Right To Due Process By Presenting Known False Testimony And By Using Inconsistent The…
20-5129 David Aziel Sheer v. Patrick Warren, Warden Sixth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment I. WHETHER THIS COURT SHOULD ISSUE A WRIT OF CERTIORARI IN ORDER TO CORRECT THE SIXTH CIRCUITS DECISION IN DENYING PETITIONER A CERTIFICATE OF APPEALA…
20-5107 Vernon Montgomery v. Delaware Delaware 2020-07-20 Denied Response WaivedIFP appellate-procedure civil-procedure constitutional-review court-review due-process judicial-duty legal-argument perjury probable-cause prosecutorial-misconduct standing Whether the State Court allowed an illegal and unconstitutional search, without Probable Cause at the inception, based on an affidavit containing an o…
20-5104 Justin Tapp v. United States Fourth Circuit 2020-07-17 Denied Response WaivedIFP double-jeopardy due-process equal-protection ineffective-assistance-of-counsel prosecutorial-misconduct sentencing Question not identified.
20-5065 Brett A. Bogle v. Florida Florida 2020-07-15 Denied IFP brady-v-maryland brady-violation capital-punishment due-process false-evidence giglio-v-united-states giglio-violation impeachment microscopic-hair-analysis prosecutorial-misconduct scientific-evidence 1. Whether the prosecution violates Giglio v. United States, 405 U.S. 150 (1972) and/or Brady v. Maryland, 373 U.S. 83 (1963), if the prosecution pres…
20-5064 Tony Brown v. United States Ninth Circuit 2020-07-15 Denied Response RequestedResponse WaivedRelisted (2)IFP due-process exculpatory-evidence Landgraf-v-USI-Film-Prods preindictment-delay prosecutorial-misconduct retroactivity rico-conspiracy statute-of-limitations witness-evidence 1. In United States v. Lovasco, this Court delegated to the lower courts the responsibility to "apply[] the settled principles of due process" to prei…
20-5049 Kevin L. Martin v. John Galipeau, Warden Seventh Circuit 2020-07-14 Denied Response WaivedIFP administrative-review brady-v-maryland civil-rights disciplinary-hearing disclosure-of-evidence due-process facility-proceedings giglio-v-united-states judicial-procedure prosecutorial-misconduct witness-credibility whether thE District cauat oR count oF aepeal Aeey thE Application of Law because thE videotape withbeld the shaw thE paisn Guaad loteracted with the …
20-5050 Ezra Leslie v. New York New York 2020-07-13 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-counsel prosecutorial-misconduct reversal sixth-amendment structural-error 1. Petitioner, [Ezra Leslie], was charged with second-degree murder in the death of his paramour. Leslie maintained his innocence and informed his cou…
20-5023 Carter Vincent Anderson v. Darrel Vannoy, Warden Fifth Circuit 2020-07-10 Denied Response WaivedIFP appellate-review batson-challenge batson-violation constitutional-rights due-process evidence-preservation evidence-suppression evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Whether the District Court and Court of Appeal erred in review of claim presented which clearly show ineffective assistance of counsel on both trial a…
20-5010 Danny Lee Warner, Jr. v. Montana Montana 2020-07-09 Denied Response WaivedIFP attorney-client-privilege due-process evidentiary-hearing eyewitness-identification fourteenth-amendment prosecutorial-misconduct right-to-counsel sixth-amendment 1. Petitioner filed a timely Motion for that prosecutors listened to privileged phone call's before trial .trial after discovering new and during The …
19-8920 Deshawn Colbert v. Sherry L. Burt, Warden Sixth Circuit 2020-07-08 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel new-trial pre-arrest-silence prosecutorial-misconduct sixth-amendment THE APPELANT'S RIGHT TO CONFRONTATION PURSUANT TO THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION WAS VIOLATED AS A RESULT OF INEFFECTIVE ASSIST…
19-8909 Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution Fourth Circuit 2020-07-08 Denied IFP civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering I. Didhe prosctiinteninalandepead oa wie ah ht mail cnaattonio o tialta tn t e I. Didcunses filuto prsentvidenc Petitner's milliondoll I-Phone case …
19-1457 Matthew Hudak v. Illinois Illinois 2020-07-06 Denied brady-obligations due-process exculpatory-evidence exculpatory-material guilty-plea impeachment-evidence prosecutorial-misconduct 1. Whether the prosecution's Brady obligetions allow the prosecution to deliberately suppress relevant impeachment or exculpatory material before a gu…
19-8901 Fabian Fuentes Rosas v. Timothy Filson, Warden, et al. Ninth Circuit 2020-07-06 Denied Response WaivedIFP due-process equitable-exception federal-habeas habeas-corpus material-misrepresentation ninth-circuit plea-agreement prosecutorial-misconduct state-court-proceedings statutory-interpretation 1. Whether the Ninth Circuit failed to consider and decide one of the certified claims raised in Rosas's appeal, namely an exhausted argument that Ros…
19-8856 Jason L. Brown v. Lisa M. Brown Third Circuit 2020-06-30 Denied IFP civil-procedure civil-rights constitutional-rights criminal-trial due-process fair-trial free-speech judicial-management prosecutorial-misconduct standing I Is it Sair Sor the Lower Courts to Deney my child and I rights to the Couts, and refer to us as Jodical IWaste, and Judicial Iarrassment Does a par…
19-8823 Alex Joseph Pedrin, Jr. v. United States Ninth Circuit 2020-06-26 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct stash-house-sting Was Mr. Pedrin prejudiced by both the individual and cumulative impact of 1.) multiple deficiencies or errors by counsel during the pretrial, plea, tr…
19-8808 Randolph Ashford v. Michael Stephan, Warden Fourth Circuit 2020-06-24 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process evidence-tampering evidence-withholding ineffective-assistance ineffective-assistance-of-counsel jury-misconduct prosecutorial-misconduct trial-counsel Was the State of South Carolina City of Columbia, violate Ashford 4thj 5th, 6th, and 14th Amendment to the United States Constitutional Rights by With…
19-8769 Daryll Shumake v. Virginia Fourth Circuit 2020-06-22 Denied Relisted (2)IFP constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance-of-counsel investigative-report jurisdiction prosecutorial-misconduct trial-court Question not identified.
19-8696 Frank DiTomasso v. United States Second Circuit 2020-06-18 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process fair-trial free-speech ineffective-counsel prosecutorial-misconduct sentencing standing ,and there is not even an attempt to sked for,e.g.pictures or video, 2 get any picturer or videos? .There is a bold lie Tald to the grand jury in firs…
19-8713 Michael K. Bailey v. Lyneal Wainwright, Warden Sixth Circuit 2020-06-15 Denied Response WaivedIFP 14th-amendment constitutional-rights discretionary-authority due-process false-evidence habeas-corpus liberty-interest parole parole-board prosecutorial-misconduct 1. Can a state prisoner be incarcerated forever based upon falsehoods deliberately created to prejudicially bias future decision makers in the exerc…
19-8706 Lester Thomas Butcher v. Texas Texas 2020-06-15 Denied IFP constitutional-rights criminal-procedure due-process evidence-admission harmless-error prosecutorial-misconduct right-to-fair-trial texas trial-fairness Question 1. WILL THIS SUPREME COURT PERMIT TEXAS PROSECUTORS ' CLAIMS OF "MISTAKE AND INADVERTENCE ", MADE BY PROSECUTORS BENEFITING FROM SUCH CLAIMS,…
19-8701 Roger Allen Raymond v. United States District Court for the District of South Dakota Eighth Circuit 2020-06-15 Denied Relisted (2)IFP aedpa Brady-violation constitutional-due-process due-process eighth-circuit exculpatory-evidence habeas-corpus post-conviction-relief prosecutorial-misconduct south-carolina successive-petition Question not identified.
19-8647 Martin Diez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-06-09 Denied Response WaivedIFP 28-usc-2254 brady-disclosure brady-v-maryland cone-v-bell due-process federal-review habeas-corpus ineffective-assistance prosecutorial-misconduct strickland-standard strickland-v-washington Where the state courts did not address Petitioner's claim that the prosecution failed to disclose certain evidence under Brady v. Maryland, 373 U.S. 8…
19-8629 Carpeah R. Nyenekor, Sr. v. United States Second Circuit 2020-06-09 Denied Response WaivedIFP affidavit-falsification double-jeopardy dual-sovereignty due-process false-affidavit prosecutorial-misconduct res-judicata search-warrant In Illinois V. Gate, 462 U.S. 213 (1983), the Supreme Court Stated that, when a Search Warrant has been Dismissed based on Falsely Sworn Affidavit, an…
19-8643 Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden Fourth Circuit 2020-06-09 Denied Response WaivedIFP brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony 1. Why was the Judge, Jury, and myself not told of Karen Rojas svicidal tendencies and many failed suicide attempts? 2. Is it not a Brady violation t…
19-8618 Kareem Daniels v. Georgia Georgia 2020-06-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process false-evidence false-testimony fourteenth-amendment misleading-testimony perjury prosecutorial-misconduct Under the Fourteenth Amendment, prosecutors may not knowingly secure convictions using false or misleading evidence. This Court has never limited the …
19-8614 Edward Leon Fields, Jr. v. United States Tenth Circuit 2020-06-05 Denied IFP caldwell-v-mississippi capital-sentencing constitutional-review donnelly-v-dechristoforo due-process eighth-amendment jury-responsibility prosecutorial-misconduct In Donnelly v. DeChristoforo, 416 U.S. 637 (1974), this Court identified two distinct standards of review applicable to claims of prosecutorial miscon…
19-8591 Frederick Pennington, Jr. v. Dexter Payne, Director, Arkansas Division of Correction, et al. Eighth Circuit 2020-06-04 Denied Response WaivedIFP discovery-motions exonerating-evidence habeas-corpus juvenile-jurisdiction new-evidence post-conviction-relief post-conviction-remedies prosecutorial-misconduct sentencing sentencing-hearing 1. Does the improper waiver of Exclusive Juvenile Jurisdiction, (Title 47 Arkansas Code Annotated 45-413(1977)), allow for the dismissing of the previ…
19-1338 Briley W. Piper v. Darrin Young, Warden South Dakota 2020-06-04 Denied criminal-procedure cumulative-error ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver plea-bargaining pre-plea-advisory prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-jury-trial waiver-of-jury-sentencing waiver-of-jury-trial The South Dakota Supreme Court has ruled that Briley did not knowingly and intelligently waive his right to a jury trial. But the South Dakota Supreme…
19-8577 Shane Roscoe v. Connie Horton, Warden Sixth Circuit 2020-06-01 Denied Response WaivedIFP brady-violation confrontation-right confrontation-rights due-process forfeiture-by-wrongdoing hearsay hearsay-statements ineffective-assistance prosecutorial-misconduct sixth-amendment witness-credibility I. Petitioner Shane Roscce's conviction rested upon and. was upheld by the State Appellate and Federal Habeas Courts based on the testimonial hearsay…
19-8557 Kallen E. Dorsett, Jr. v. United States Third Circuit 2020-05-28 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing strickland-standard 1. Does a prosecutor's threat to prosecute a defendant if he withdraws from his guilty plea invalidate the knowing, voluntary and intelligent clause u…
19-8546 Annamalai Annamalai and Parvathi Sivanadiyan v. United States Eleventh Circuit 2020-05-27 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process evidence-sufficiency federal-jurisdiction judicial-error new-trial procedural-misconduct prosecutorial-misconduct A. whether the Eleventh circui+ court of Appeals has so Far departed from the accepted and usual course of Judicial pvoceedings and/ox sanctioned Such…
19-8542 Brian Lamar Brown v. Nevada, et al. Ninth Circuit 2020-05-27 Denied Response WaivedIFP closing-arguments criminal-procedure criminal-trial due-process fair-trial harmless-error jury-instructions legal-prejudice prosecutorial-misconduct Whether the prosecutor committed prejudicial misconduct during closing arguments?
19-8533 Michael A. Lajeunesse v. Megan Anne Chambers, et al. Eighth Circuit 2020-05-23 Denied IFP brady-violation civil-rights civil-rights-statute constitutional-rights due-process evidence exculpatory-evidence judicial-notice prosecutorial-misconduct section-1983 standing 1. WHETHER OR NOT I CAN PETITION THE COURT FOR RELIEF AND OR AN INJUNCTION UNDER OUR CIVIL RIGHTS STATUTE TITLE 42 USCS § 1983, 1985, OR 1986 WHEN TH…
19-8532 Lester B. Lynch v. Beth Cabell, Warden Virginia 2020-05-23 Denied Response WaivedIFP brady-v-maryland burden-of-proof constitutional-rights due-process exculpatory-evidence habeas-corpus prosecutorial-misconduct strickler-v-greene 1. Were the petitioner's 5th and 14th Amendment rights violated when the Commonwealth failed to provide the trial court with exculpatory evidence? a.…
19-8529 Darryl Cain v. Randee Rewerts, Warden Sixth Circuit 2020-05-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial habeas-corpus harmless-error ineffective-assistance judicial-review procedural-default prosecutorial-misconduct witness-credibility ftlMWS ckifij MfyCuloi Opim&if) $ VwVmj -for M Woj UirWw todibili^ m \m\4 mpws/VVnWbd fip^ 1mtm mm ■«4iwfie OounSe 'ivauiYi^t. 3* WWW 4W personal Dpmi…
19-8516 Craig Mrazek v. Illinois Illinois 2020-05-21 Denied Relisted (2)IFP automatic-reversal brady-violation civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel prosecutorial-misconduct reasonable-assistance sixth-amendment A. WHETHER COURT'S DISREGARD OF PETITIONER'S ASSERTION A BRADY CLAIM, SPECIFICALLY PER SE CONFLICT WHERE PROSECUTOR AS CURRENTLY IS A STATE PROSECUTOR…
19-8479 Bernard J. Fleming v. United States District of Columbia 2020-05-15 Denied Response WaivedIFP closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief…
19-8468 Janice M. Shufford v. United States Sixth Circuit 2020-05-14 Denied Response WaivedIFP conspiracy-charges criminal-history due-process evidence evidentiary-exclusion fair-trial indictment-defects judicial-discretion prosecutorial-misconduct witness-credibility This case presents two issues. First, did the court of appeals properly affirm the trial court and hold that it did not err in prohibiting the defense…
19-8444 Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-05-12 Denied Response WaivedIFP criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts WHETHER THE INTEGRITY OF THE COURT REQUIRES ENFORCEMENT OF RULE 3.171(A) FLA. R. CRIMINAL P. WHERE THE STATE HAS KNOWINGLY AND INTENTIONALLY VIOLATED …
19-1277 David Thorpe v. Dexter Dumas, et al. Eleventh Circuit 2020-05-12 Denied Relisted (2) 42-usc-1983 absolute-immunity administrative-acts civil-rights due-process investigative-acts probable-cause prosecutorial-immunity prosecutorial-misconduct qualified-immunity section-1983 Question 1. Whether a supervising Deputy District Attorney who assigned three (4) District Attorneys over a two-year period to a case that lacked prob…
19-8417 Dante C. Stone v. Kentucky Kentucky 2020-05-08 Denied Response WaivedIFP constitutional-rights criminal-syndication direct-appeal due-process government-corruption ineffective-assistance-of-counsel judicial-misconduct legal-ethics prosecutorial-misconduct 1. In resorting to felonious criminal syndication against The Petitioner (hereafter T.P.) as well as complete disregard for all applicable law in lieu…
19-8396 Robert R. Hill v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-05-05 Denied IFP certificate-of-appealability conflict-of-interest due-process fourteenth-amendment prosecutor prosecutorial-misconduct trial-judge Whether the district court and the third circuit erred in refusing to issue a certificate of appealability when it determined the Conflict of Interest…
19-8389 Edward Yarbrough, Jr. v. J. Sullivan, Warden Ninth Circuit 2020-05-01 Denied Response WaivedIFP bill-of-rights criminal-procedure due-process evidentiary-error federal-rules federal-rules-of-civil-procedure plain-error prosecutorial-misconduct remarks-authentication reversible-error trial-court 1. Whether a prosecutor's uninvited inflammatory remarks made in summation, absent a timely/explicit curative instruction, so infected the trial with …
19-8379 Herbert Burgess v. Illinois Illinois 2020-04-30 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence-exclusion fair-trial judicial-bias judicial-misconduct prosecutorial-misconduct trial-bias witness-credibility I. WHETHER THE TRIAL COURT DENIED HERBERT BURGESS HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE. TRIAL IN VIOLATION OF ILLINOIS SUPREME COURT…
19-8335 Mitchell Willoughby v. Deedra Hart, Warden Sixth Circuit 2020-04-22 Denied IFP caldwell-precedent capital-sentencing closing-argument death-penalty jury jury-instructions prosecutor prosecutorial-misconduct sixth-circuit state-law voir-dire "The uncorrected suggestion that the responsibility for any ultimate determination of death will rest with others presents an intolerable danger that …
19-8297 Leif O'Connell v. Dushan Zatecky Seventh Circuit 2020-04-19 Denied Response WaivedIFP appellate-counsel appellate-procedure constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance insanity-defense plea-bargaining prosecutorial-misconduct sixth-amendment (Issue added by the State Attorney General on Appeal not heard in post conviction court used to affirm appeal failing to address the claims below). Th…
19-1218 Marcus Lee Robinson v. Colorado Colorado 2020-04-16 Denied Response RequestedResponse WaivedRelisted (2) civil-rights criminal-procedure due-process fair-trial jury-bias jury-trial plain-error prosecutor-misconduct prosecutorial-misconduct racial-bias racial-discrimination racial-prejudice Petitioner is an African-American man who was tried for sexually assaulting a white woman. During the prosecutor's opening statement, she gratuitously…
19-8253 Rudolph Churchill v. Pennsylvania Pennsylvania 2020-04-14 Denied IFP constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel SIXTH AMENDMENT TO THE U.S. CONSTITUTION INEFFECTIVE ASSISTANCE OF COUNSEL (TRIAL COUNSEL) *FAILING TO REQUEST THAT THE JURY BE CHARGED WITH RESPECT …
19-8230 Alexander Kates v. New York New York 2020-04-09 Denied IFP access-to-courts due-process fourth-amendment illegal-seizure ineffective-assistance-of-counsel plea-agreement property-return prosecutorial-misconduct retroactivity Whether a plea agreement to return illegally seized property in exchange for a guilty plea, induced by the prosecutor, is breached when the prosecutio…
19-8222 Steven Mason v. United States District of Columbia 2020-04-08 Denied Response WaivedIFP brady brady-violation criminal-procedure disclosure due-process exculpatory exculpatory-evidence impeachment jury-prejudice prosecutorial-misconduct severance trial-severance I. Whether this Court should grant certiorari to determine whether the lower courts erred in finding that the Government's very late disclosure of ext…
19-8205 In Re Jonathan E. Brunson 2020-04-07 Denied IFP brady-v-maryland civil-rights constitutional-rights criminal-procedure discovery due-process evidence exculpatory-evidence post-conviction prosecutorial-misconduct trial-review WHETHER MR. BRUNSON'S RIGHT TO DISCOVER EXCULPATORY EVIDENCE IS STILL ENFORCEABLE (Id. AT 41)? WHETHER THE STATE GOVERNMENT STILL HAS THE OBLIGATION …
19-8204 Arnold Eugene Fox, Jr. v. United States Sixth Circuit 2020-04-07 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence-tampering fourth-amendment free-speech ineffective-counsel prosecutorial-misconduct search-warrant standing statutory-interpretation 1. Does federal statute 18 U.S.C. § 2422(b) have an unconstitutionally vague residual clause, and has the government, District Court, or the Sixth Ci…
19-8185 Floyd Dewaine Scott v. California Ninth Circuit 2020-04-06 Denied IFP due-process eighth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment 1] Did the California State Superior Court,Los Angeles County, Compton Branch violate the Petitioner's Due Process ,Sixth Amendment Rights,and Eighth…
19-8181 Arkeem Hakim Jordan v. North Carolina Fourth Circuit 2020-04-03 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence-disclosure particularity probable-cause prosecutorial-misconduct search-and-seizure speedy-trial scrition As to whnat property to seize. Any Emerbency our homes Doors . wrtnout thcre being constrtutION Issue Fouk.wus the sturch warrant ane Affiduv…
19-8164 Eric T. Tolen v. Jeff Norman, Warden Eighth Circuit 2020-04-02 Denied IFP brady-claim disbarment exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure manifest-error prosecutorial-misconduct trial-counsel trial-court withheld-evidence Whether or not the Lower Court committed a manifest err of law in finding that "counsel's extensive litigation concerning the two seized boxes demonst…
19-8148 Brent Douglas Cole v. United States Ninth Circuit 2020-03-30 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights double-jeopardy due-process jurisdiction prosecutorial-misconduct separation-of-powers sovereignty standing territorial-jurisdiction venue A "Case" is "a suit instituted according to the regular course of judicial procedure." Muskrat, 219 US at 356-7. It must be instituted lawfully to ari…
19-8110 DeVinche Javon AlBritton v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-03-26 Denied Response WaivedIFP adequate-state-ground brady-v-maryland brady-violation due-process federal-habeas habeas-corpus procedural-default prosecutorial-misconduct public-records state-procedural-ground (1) Does the availability in Public Records qualify as an Irideperidetit or Adequate State procedural ground to bar a State prisoner's Claim of prosec…
19-8064 Rubin Rurie Weeks v. Stan Payne, Warden, et al. Missouri 2020-03-23 Dismissed Response WaivedIFP brady-violation constitutional-rights dna-evidence due-process forcible-rape habeas-corpus kidnapping prosecutorial-misconduct void-judgment (1) In this case the defendant factual guilt of Forcible Rape and Kidnapping has never been established in any fashion permitted by the Due Process Cl…
19-8047 Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections Eleventh Circuit 2020-03-19 Denied IFP coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial (1) Is 1T LAWFUL FOR A DEFENDANT WNOH HAS WAIVED ARRAIGNMENT IN WRITING WITH A PLEA OF NOT GUILTY T% BE BROUGHT BEFORE A TAIAL SUDGE OVER THE SOURSE O…
19-8046 Michael Anthony Cervantes v. W. L. Montgomery, Warden Ninth Circuit 2020-03-19 Denied Response WaivedIFP 28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony WAS PETITIONERS CONVICTION SUSTAINED IN VIOLATION OF DUE PROCESS WARRANTING HABEAS RELIEF WHERE THE DISTRICT THE INJUSTICE THAT RESOULTS FRON THE CON…
19-7994 David Armondo Butler v. Florida Florida 2020-03-16 Denied Response WaivedIFP adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage Did court-appointed counsel deprive Petitioner of the Sixth Amendment guarantee obtain the video footage were being made create an adversarial conflic…
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…
19-7982 Alex Penland v. Ohio Ohio 2020-03-13 Denied IFP abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion 1. Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor …
19-1118 Jeffrey Todd Palumbo v. Connecticut Connecticut 2020-03-12 Denied Response Waived criminal-procedure criminal-testimony doyle-v-ohio due-process exculpatory-evidence first-time-account impeachment miranda-rights Miranda-warnings prosecutorial-misconduct self-incrimination trial-procedure uncharged-misconduct When a criminal defendant has been advised prior to trial of his rights under Miranda v. Arizona, 384 U.S. 346 (1966), and then testifies at trial to …
19-7963 Yehowshua Yisrael v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-03-11 Denied Response WaivedIFP 14th-amendment constitutional-rights criminal-procedure due-process florida-constitution jurisdiction manifest-injustice miscarriage-of-justice procedural-due-process prosecutorial-misconduct substantive-due-process 1. Did the trial Court and State of Florida Prosecutor invoked a miscarriage of Justice and manifest Injustice as to wair their conduct did not compor…
19-7917 Isaac Feldman v. United States Eleventh Circuit 2020-03-10 Denied Response WaivedIFP antisemitic-reference antisemitism appellate-review conspiracy conspiracy-prosecution criminal-procedure double-jeopardy double-jeopardy-clause jury-verdict prosecution prosecutorial-misconduct 1. Where a jury returns a final verdict on a charge of conspiracy, finding a defendant guilty of only one of multiple charged offense objects, is the …
19-7902 In Re Darnell W. Moon 2020-03-06 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct qualified-immunity standing takings Question not identified.
19-1094 James Milton Dailey v. Florida Florida 2020-03-05 Denied brady-claim brady-v-maryland due-diligence exculpatory-evidence giglio-claim giglio-v-united-states jailhouse-informant jailhouse-informants materiality materiality-standard perjury prosecutorial-misconduct Whether a defendant advancing a Brady claim must demonstrate that he or she could not have uncovered the suppressed evidence through the exercise of d…
19-7813 Michael C. Jamerson v. Jason Lewis, Warden Missouri 2020-02-28 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidentiary-hearing exculpatory-evidence giglio-vs-united-states habeas-corpus napue-standard napue-vs-illinois perjured-testimony prosecutorial-misconduct witness-testimony I. Did the Missouri courts err in failing to find that the State's failure to disclose exculpatory evidence violated its obligation under Brady v. Mar…
19-7795 Robert Alan Foster v. Willis Chapman, Warden Sixth Circuit 2020-02-27 Denied Response WaivedIFP civil-rights discovery-violation due-process equal-protection fair-trial first-amendment free-speech ineffective-assistance jury-instruction prosecutorial-misconduct racial-discrimination school-desegregation sixth-amendment standing voting-rights Question not identified.
19-7768 Jibriil A. Hersi v. Harold May, Warden Sixth Circuit 2020-02-27 Denied Response WaivedIFP access-to-courts coercion constitutional-rights criminal-procedure due-process evidence-sufficiency judicial-misconduct jury-trial police-misconduct prosecutorial-discretion prosecutorial-misconduct right-to-appeal transcript trial-irregularities 1) Whether I am entitled to get the missing records from my trial in Medina County, Ohio for statements made by the judge outside the hearing of the j…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation If yourrepresenting yourself do you think I'm Competent to Stand trial or Sign a plea If you had Fecent Surgery of having Part of your Intestine remov…
19-7765 William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility Second Circuit 2020-02-25 Denied Response WaivedIFP 2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial? The qu…
19-1045 Raminder Kaur v. Maryland Maryland 2020-02-24 Denied Response RequestedResponse WaivedRelisted (3) attorney-client-privilege constitutional-rights criminal-defendant criminal-procedure defense-counsel privileged-communications prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel work-product work-product-doctrine Whether the Sixth Amendment prohibits trial of a criminal defendant by prosecutors with extensive knowledge of both her privileged communications with…
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel 1. Where Petitioner's state-trial court counsel did not pursue Petitioner's wishes, commands, and orders to file a second-perfected-appeal after Petit…
19-7666 Donniel Woods v. Aaron Joyner, Warden Fourth Circuit 2020-02-13 Denied Response WaivedIFP 506 U.S. 390 113 S.Ct. 853 122 L.Ed.2d 203 holdin federal-habeas-relief herrera-v-collins independent-constitutional-violation newly-discovered-evidence state-criminal-proceeding actual-innocence constitutional-violation due-process habeas-corpus herrera-v-collins ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct state-criminal-proceeding Has the Supreme Court of the United States overruled Herrera v. Collins, 506 U.S. 390 113 S.Ct. 853 122 L.Ed.2d 203 holding that claims of actual inno…
19-7601 Craig K. Garrett v. Joseph Madder, et al. Ninth Circuit 2020-02-10 Denied IFP civil-rights constitutional-rights criminal-procedure digital-privacy due-process effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel law-enforcement probable-cause prosecutorial-misconduct public-defender right-to-counsel search-and-seizure state-attorney Question not identified.
19-7593 Young Yi v. United States Fourth Circuit 2020-02-07 Denied Response WaivedIFP brady-v-maryland brady-violation constitutional-rights criminal-procedure document-production due-process evidence exculpatory-evidence prosecutorial-misconduct restitution standard-of-review I. Whether the Fourth Circuit erred in affirming the District Court's denial of Ms. Yi's Motion for a New Trial, given the Government's substantial vi…
19-7587 Lannon Lavar Burdunice v. Minnesota Minnesota 2020-02-07 Denied Response WaivedIFP acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence 1. MUST MV CONVICTION FOR SECOND DEGREE INTENTIONAL MURDER BE VACATED AND A JUDGEMENT OF ACQUITTAL ENTERED INSTEAD WHERE THE JURY'S GUILTY VERDICT GOE…
19-7578 Ray Edward Barry v. Patrick Warren, Warden Sixth Circuit 2020-02-06 Denied Response WaivedIFP abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information? Did T…
19-7547 Phillip Boyd Cashion v. Texas Texas 2020-02-04 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that "y…
19-7525 Gregory Joel Sitzmann v. United States District of Columbia 2020-02-03 Denied Response WaivedIFP conflict-of-laws conflict-with-other-courts-of-appeals conflict-with-supreme-court court-of-appeals criminal-procedure drug-smuggling evidence federal-sentencing foreign-drug-smuggling ineffective-assistance-of-counsel jurisdiction jurisdiction-over-evidence pro-se-petition prosecutorial-misconduct 1) WHETHER THE DISTRICT COURT LACKED "JURISDICTION" OVER EVIDENCE OF FOREIGN DRUG SMUGGLING: AND WHETHER THE UNITED STATES COURT OF APPEALS FOR THE DI…
19-7496 Garry Dean Stroner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-30 Denied Relisted (2)IFP constitutional-rights discrimination due-process effective-counsel fair-cross-section fair-trial impartial-jury intentional-exclusion jury-composition jury-selection presumption-of-innocence prosecutorial-misconduct systematic-exclusion 1. Petitioner's trial counsel obtained the jury list two days prior to the day of jury selection. On the day of trial entire panel of sixty-five (65) …
19-953 Charles Farrar v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2020-01-30 Denied Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-law criminal-conviction due-process judicial-review material-evidence perjured-testimony perjury post-conviction-relief prosecutorial-misconduct Whether the Due Process Clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not know the tes…
19-7488 Donnie Cleveland Lance v. Benjamin Ford, Warden Georgia 2020-01-29 Denied IFP capital-punishment constitutional-rights criminal-procedure death-penalty due-process equal-protection fourteenth-amendment grand-jury grand-jury-selection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Was petitioner denied his rights under the Sixth, Eighth, and Fourteenth Amendments when he was sentenced to death following his indictment by a non-r…
19-7485 Michael J. Aguon v. Warren L. Montgomery, Warden, et al. Ninth Circuit 2020-01-29 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay IN LIGHT OF THE FACT THAT THE PROSECUTION'S GANG EXPERT IS AND WAS AT ALL TIMES A POLICE OFFICER ENGAGED IN INVESTIGATING CRIMES WHEN INTERVIEWING ALL…
19-7473 Milon Jarr Brown v. Michigan Michigan 2020-01-29 Denied IFP civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment WAS THE PETITIONER DENIED AN OPPORTUNITY TO PRESENT A COMPLETE DEFENSE WHEN A WITNESS FROM THE DEFENSE INVOKED A SPECIOUS FIFTH AMENDMENT CLAIM AGAINS…
19-7468 Donald R. Phillips v. Kentucky Kentucky 2020-01-29 Denied Response WaivedIFP civil-procedure constitutional-provisions constitutional-rights due-process false-answer implied-bias jury-selection material-error material-question prosecutorial-misconduct standing statutory-provisions voir-dire 1. Do you apply implied bias as a ground for disqualification under the circumstances suggested by Supreme Court's decision in her concurring opinion?…
19-7414 Latray Whitley v. Texas Texas 2020-01-24 Denied IFP brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony Whether the state district court's determination that 1. written, 5K1 and Rule 35-based cooperation addenda between two federal inmates who testified …
19-7395 Jean Crump v. United States, et al. Ninth Circuit 2020-01-23 Denied Response WaivedIFP appeal criminal-procedure due-process equal-protection false-arrest grand-jury-testimony ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct racial-bias racial-discrimination 1. This is my second trial. At least five federal attorneys advised my new new attorney Dana Cephas, that Judge William Keller was a racist and he esp…
19-7360 Terry Simonton, Jr. v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2020-01-22 Denied IFP burden-of-proof certificate-of-appealability circuit-split constitutional-claim constitutional-substance federal-constitutional-substance habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct Ground I. Did a panel of the United States Court of Appeals for the Third Circuit err in denying Mr. Simonton a Certificate of Appealability by statin…
19-7354 Lawrence Martin v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2020-01-21 Denied Relisted (2)IFP appellate-court capital-murder constitutional-law constitutional-rights criminal-procedure due-process hearing jurisdiction perjury prosecutor-misconduct prosecutorial-misconduct standing (1). WHETHER FINAL JUDGMENT DENYING PETITIONER'S PETITION FOR WRIT OF ERROR CORAM NOBIS WAS APPEALABLE (2). WHETHER ORDER DENYING APPOINTMENT OF COUN…
19-7318 John Henry Yablonsky v. California California 2020-01-16 Denied Response WaivedRelisted (2)IFP adversarial-challenge civil-rights constitutional-law constitutional-rights due-process evidence-manipulation evidence-tampering fiduciary-duty fourteenth-amendment historical-accuracy prosecutorial-misconduct trial-integrity 1. HOW CAN THE SUPREME COURT OF THE UNITED STATES UPHOLD CONSTITUTIONAL LAWS IF THE COURT ALLOWS STATE TERRITORIES TO PLUNDER THE CORNERSTONES OF THOS…
19-7290 Tamarkqua Garland v. New York New York 2020-01-15 Denied Response WaivedIFP civil-rights coerced-confession constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct sixth-amendment speedy-trial 1. Defendant challenge and "impugned the integrity," of the denial of his CPL § 30.30 speedy trial consitutional rights, which includes 409 days in ex…
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…
19-7277 Dora Moreira v. United States Eleventh Circuit 2020-01-15 Denied Response WaivedIFP certificate-of-appealability due-process eighth-amendment excessive-fine ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct question-not-identified section-2255 sixth-amendment 1-) IN A DEPARTURE FROM THE DUE PROCESS REQUIREMENT OF THE FIFTH AMENDMENT AND THE COMPULSORY PROCESS PROTECTION OF THE SIX AMENDMENT, 'DID THE UNITED…
19-7275 Cecil Boyett v. New Mexico New Mexico 2020-01-14 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution xnHbthet l PeTiTfotjGk Bol^btt S CoHsjimTONAL PH&hts \siezjg v/W)7£-o /3y THE tHiHteeht H Judicial b<37&CT Cjduat orN&n./Dexivd und&l the Dub Proces…
19-7274 Gregory Bartko v. United States Fourth Circuit 2020-01-14 Denied Response WaivedIFP actual-innocence brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus impeachment-evidence perjured-testimony prosecutorial-misconduct wearry-v-cain witness-testimony I. Did the lower courts err in failing to properly review and conclude that the prosecution's withholding of exculpatory and impeachment evidence favo…
19-7227 Santos Reyes-Villatoro v. United States Third Circuit 2020-01-13 Denied Response WaivedIFP consciousness-of-guilt due-process evidence-tampering fair-trial false-evidence giglio-v-united-states judicial-review napue-v-illinois prosecutorial-misconduct right-to-a-fair-trial trial-fairness 1. In light of this Court's well established rulings in Giglio v. United States, 405 U.S. 150 (1972) and Napue v. Illinois, 360 U.S. 264 (1959), as to…
19-7218 Oscar Amezcua Cabrera v. California California 2020-01-08 Denied Response WaivedIFP constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay 1. In the context of the dying declaration exception of the hearsay rule, where that declaration is otherwise testimonial hearsay within the ambit of …
19-7189 Kevin D. Moore v. United States Fifth Circuit 2020-01-08 Dismissed Response WaivedRelisted (2)IFP bias civil-rights criminal-indictment due-process federal-procedure federal-rules-of-criminal-procedure judicial-bias judicial-misconduct judicial-recusal prosecutorial-misconduct recusal standing 1) Did the United States District Court (USDC) judge Reed Charles O'Connor abuse his discretion when he refused to recuse himself/ in violation of the…
19-7184 Stanley Brewer v. Robert F. Cunningham, Superintendent, Fishkill Correctional Facility Second Circuit 2020-01-07 Denied Response WaivedIFP 14th-amendment conflict-of-interest due-process habeas-corpus ineffective-assistance judicial-bias judicial-misconduct miller-el-standard prosecutorial-misconduct (1) Did the United States Court of Appeals Second Circuit misapplied the ruling in Miller-El v. Cockrell, in denial of petitioner 's claims? Using con…
19-843 Daniel K. Holtzclaw v. Oklahoma Oklahoma 2020-01-06 Denied defense-counsel-exclusion dna-evidence due-process ex-parte-hearing exculpatory-evidence expert-witness fair-trial forensic-expert in-camera-hearing materiality-standard prosecutorial-misconduct 1. DNA evidence played a central role in this sexual assault case, in the form of a "match" between DNA from a complaining witness and the major contr…
19-7150 Michael J. Walton v. Jack Kowalski, Warden Sixth Circuit 2020-01-02 Denied Relisted (2)IFP appellate-procedure appellate-review child-witness criminal-conviction direct-appeal due-process false-testimony ineffective-assistance ineffective-assistance-of-appellate-counsel ineffective-assistance-of-counsel prosecutorial-misconduct witness-coaching 1. WHETHER COUNSEL WAS INEFFECTIVE FOR FAILING TO REVEAL INDISPUTABLY FALSE TESTIMONY, ANDI COACHING TO THE 9 YR. OLD CHILD WHO SAYS THE SAME FALSE TE…
19-7136 Karen Lynn McClaflin v. United States Tenth Circuit 2019-12-31 Denied Response WaivedIFP affidavit appeal appellate-procedure cja-appointment counsel-appointment criminal-justice-act criminal-justice-act-1964 criminal-procedure due-process fee-waiver in-forma-pauperis prosecutorial-misconduct sentencing standing writ-of-certiorari Question not identified.
19-7099 Paul David Storey v. Texas Texas 2019-12-31 Denied IFP constitutional-violation death-penalty due-process eighth-amendment habeas-corpus intentional-concealment prosecutorial-misconduct state-court-review state-habeas Whether it violates due process for a state court to deny substantive review of a constitutional violation in a death penalty case, when the state hab…
19-7094 Ernest Lawrence v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-12-30 Denied Response WaivedIFP 5th-amendment constitutional-review criminal-procedure custodial-interrogation due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights miranda-v-arizona police-interrogation prior-bad-acts prosecutorial-misconduct strickland-standard Mr. Lawrence seek leave to appeal the following issues: 1. Whether The Lower Court's Decisions Were Contrary To Miranda v. Arizona, 384 U.S. 436 (196…
19-7041 Pedro L. Ramirez-Rivera v. United States First Circuit 2019-12-20 Denied Response WaivedIFP brady-disclosure brady-v-maryland criminal-procedure direct-appeal due-process exculpatory-evidence post-conviction post-conviction-relief post-conviction-review prosecutorial-misconduct right-to-appeal Whether the United States Attorneys are obliged to disclose exculpatory evidence known to exist after the defendant has been convicted by trial by jur…
19-7015 In Re Michael F. Harris 2019-12-19 Denied Response WaivedIFP civil-rights constitutional-rights criminal-justice-system due-process effective-assistance-of-counsel fair-trial judicial-misconduct malicious-prosecution presumption-of-innocence prosecutorial-misconduct right-to-jury state-actors witness-tampering (1). Whether, in fairness to judicial proceedings, can an attorney of record brazenly ignore his client's instructions during the Direct Appeal proces…
19-6999 Charles Alan Dyer v. Jim Farris, Warden Tenth Circuit 2019-12-18 Denied IFP civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies federal-review habeas-corpus habeas-corpus-review-2254-d-2-e-1 ineffective-assistance ineffective-assistance-of-counsel presumption-of-correctness prosecutorial-misconduct standard-of-review state-court-fact-finding state-court-factual-findings state-court-findings unreasonable-determination (1) In order to obtain relief under § 2254(d)(2), is a federal court required to review the state court's finding of facts to determine if it is "unre…
19-6970 Monty Dwayne Sullivan v. Wyoming Wyoming 2019-12-18 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment access-to-courts brady-v-maryland civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance prosecutorial-misconduct 1. Was Sullivan deprived of his Rights by all the lower Courts? These questions have been asked and not resolved by the lower Courts. 2. Was Sullivan…
19-6950 Christopher Brian Rogers v. Tammatha Soss, Acting Warden Ninth Circuit 2019-12-17 Denied Response WaivedIFP burden-of-proof criminal-procedure darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default prosecutorial-misconduct Is federal habeas review barred under Martinez v. Ryan, 566 U.S. 1 (2012) and a claim procedurally defaulted when a petitioner fails to bring an indep…
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " i…
19-756 Louis Taylor v. Pima County, Arizona, et al. Ninth Circuit 2019-12-12 Denied Amici (4) civil-procedure civil-rights civil-rights-damages due-process habeas-corpus heck-doctrine plea-bargaining prosecutorial-misconduct wrongful-imprisonment wrongful-incarceration In Heck v. Humphrey, 512 U.S. 477 (1994), this Court held that federal habeas corpus is the sole avenue by which a "state prisoner" may bring a claim …
19-6909 Efrain J. Rosa v. R. L. Rhodes, Warden Ninth Circuit 2019-12-11 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation conviction-reversal criminal-justice criminal-procedure due-process evidence evidence-suppression exculpatory-evidence fifth-amendment government-misconduct prosecutorial-misconduct When the Government affirms that all the requisite documents under the rule of Brady v. Maryland, 373 US 83 (1963) will be provided, but then suppress…
19-6875 Travis Trevino Runnels v. Texas Texas 2019-12-06 Denied IFP circuit-split constitutional-rights death-penalty due-process expert-testimony expert-witness false-expert-testimony false-testimony prosecution-misconduct prosecutorial-misconduct texas-death-penalty WHETHER CERTIORARI SHOULD BE GRANTED TO RECOGNIZE (AS HAS BEEN DETERMINED BY TWO CIRCUITS) THAT IT IS A DUE PROCESS VIOLATION WHEN THE PROSECUTION USE…
19-6869 Michael Anthony Jefferson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-12-05 Denied Relisted (2)IFP barker-v-wingo blackledge-v-perry civil-rights constitutional-rights criminal-procedure due-process motion-to-suppress prosecutorial-misconduct prosecutorial-vindictiveness speedy-trial vindictiveness A. Do prosecutors create the appearance and presumption of vindictiveness requiring dismissal of a case and violate the rule in Blackledge v. Perry wh…
19-702 Alen Dean O'Bryant v. Oklahoma Oklahoma 2019-12-03 Denied credibility due-process evidentiary-bolstering minor minor-witness physical-evidence prosecutorial-misconduct sexual-assault vouching witness-credibility Does Due Process prohibit a State from presenting multiple witnesses and the prosecutor from vouching for the credibility of a minor complaining witne…
19-685 Edward George McGregor v. Texas Texas 2019-11-27 Denied Response RequestedRelisted (2) credibility cross-examination due-process false-testimony materiality prosecutorial-misconduct witness-credibility Is the materiality of false testimony knowingly used by the prosecution determined by asking whether the jury would have convicted the defendant had t…
19-6774 Albert Allen, Jr. v. United States Eighth Circuit 2019-11-27 Denied Response WaivedIFP certificate-of-appealability criminal-procedure criminal-procedure-appeal due-process fair-sentencing-act ineffective-assistance-of-counsel mandatory-minimum mens-rea prosecutorial-misconduct sentencing sentencing-guidelines Whether the Court of Appeals Erred in Denying Petitioner's Application for a Certificate of Appealability to Appeal the District Court's Denial of His…
19-6763 Anthony D. White v. Florida Florida 2019-11-26 Denied IFP access-to-courts civil-rights constitutional-rights court-procedure criminal-procedure due-process hearsay judicial-misconduct judicial-obstruction open-courts pro-se-litigation prosecutorial-misconduct standing state-officials 1) It is constitutionally lawful to deny a pro se, obstructed by: State Officials, within the judicial structure and a party to the courts, such as De…
19-6754 Cesareo Vizcarra Medina v. California California 2019-11-26 Denied IFP civil-rights constitutional-violations due-process fifth-amendment ineffective-assistance-of-counsel sixth-amendment 5th-amendment 6th-amendment civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment trial-procedure 1. Trial Counsel was ineffective See Gailing to object to the prosecutorial misconduct and violated Defendant's rights to effective assistance of coun…
19-6750 Ronnie R. Ceasar v. Louisiana Louisiana 2019-11-25 Denied Response WaivedIFP abuse-of-power civil-rights conflict-of-interest due-process equal-protection prosecutorial-misconduct protected-class racial-animus Public Issue Timely prosecution of cases by local district attorney. Lay and affect cause able cause No Preparation harm law-abiding citizens Appellan…
19-6732 Martin Stanley Ivie v. Washington Washington 2019-11-22 Denied IFP civil-rights constitutional-violations due-process evidence-tampering false-arrest false-evidence perjury police-misconduct prosecutorial-misconduct state-misconduct wrongful-conviction I. QUESTIONS OF LAW 1. Is it legally pormisaible for State officials to use spurious evidence that is proven unenimously by professionel forensic ena…
19-6648 Ralph Loren Barenz II v. Alaska Alaska 2019-11-15 Denied Response WaivedRelisted (2)IFP community-condemnation criminal-procedure due-process false-testimony miranda-rights prosecutorial-misconduct protective-order Has hate and "community condemnation" of sex crimes deprived the petitioner of due process as seen in the following presented issues: WAS THE VIOLATI…
19-6646 Paul John Denham v. California California 2019-11-15 Denied IFP constitutional-rights due-process evidence-fabrication false-testimony material-evidence materiality napue-v-illinois prosecutorial-misconduct pyle-v-kansas I. Whether Paul John Denham's Constitutional right to due process as defined in Napue v. Illinois (1959) 370 U.S. 264, 79 S. Ct 1173, 3 1. Ed. 2d 1217…
19-6645 In Re Morgan Allen Armstrong 2019-11-14 Denied IFP civil-rights constitutional-claims criminal-procedure due-process fabrication-of-evidence fair-trial habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment standing Question not identified.
19-6636 Gregory Williams v. United States Eleventh Circuit 2019-11-14 Denied Response WaivedIFP circumstantial-evidence constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct sentencing sentencing-reasonableness I. WHETHER THE GOVERNMENT VIOLATED MR. WILLIAMS CONSTITUTIONAL RIGHT TO A FAIR TRIAL, IN IT'S IMPROPER DIRECT QUESTIONING AND ILL-ADVISED POINTING OF …
19-6632 Samier Patrick Clark v. United States Fifth Circuit 2019-11-14 Denied Response WaivedIFP adam-walsh-act civil-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-counsel prosecutorial-misconduct sentencing-guidelines Was petitioner subjective to violations of his Constitutional rights throughout the course of his criminal prosecution? Was petitioner subjective to …
19-6612 Jerome Small v. Pennsylvania Pennsylvania 2019-11-13 Denied Response WaivedIFP abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness Is their four (4) prongs to establishing a Brady claim ? Is the burden on the defense to scavage for Brady material to show due diligence ? Is a Br…
19-6597 Thiodore Igorovich Galitsa v. United States Second Circuit 2019-11-13 Denied Response WaivedIFP credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness Was Mr. Galitsa denied his right to a fair trial by the government's repeated questioning about allegations from a case dismissed for lack of evidence…
19-6592 Monir George v. Dana Metzger, Warden Third Circuit 2019-11-13 Denied IFP appellate-procedure civil-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment Crtifhed Mentil I Defendanis e o ONE: whither a wive is Right Fo Jy Tral Tw who Cn Ao Fo The ert I nt To T Reqes Tr he Dee I THeir pleas. T Constttn…
19-6584 Steven Williams v. United States Second Circuit 2019-11-12 Denied Response WaivedIFP cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses by introducing the 'truth-telling' aspec…
19-6549 Jose Laureano Salgado v. United States First Circuit 2019-11-08 Denied Response WaivedIFP brady-disclosure brady-v-maryland constitutional-rights criminal-appeal direct-appeal due-process exculpatory-evidence impeachment ongoing-disclosure pending-appeal prosecutorial-misconduct Does this Court's holding in Brady v. Maryland, 373 U.S. 83 (1963) require the Government to disclose, while an appeal is pending, exculpatory or impe…
19-573 Jamil Abdullah Al-Amin v. Timothy C. Ward, Commissioner, Georgia Department of Corrections, et al. Eleventh Circuit 2019-11-01 Denied Response RequestedResponse WaivedRelisted (2) brecht-standard brecht-v-abrahamson closing-arguments constitutional-error fifth-amendment habeas-corpus harmless-error prosecutorial-misconduct substantial-defense Under Brecht v. Abrahamson, a federal court cannot grant habeas relief unless a constitutional error had a "substantial and injurious effect or influe…
19-6427 Ray A. Smith v. John Chapdelaine, Warden, et al. Tenth Circuit 2019-10-31 Denied Relisted (2)IFP charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence 1. As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale, fufill their professional responsibilities and obligati…
19-6362 Fernando Nunez v. Pennsylvania Pennsylvania 2019-10-25 Denied Response WaivedIFP brady-doctrine brady-v-maryland constitutional-rights criminal-procedure discovery due-diligence due-process evidence evidence-disclosure exculpatory-evidence prosecutorial-misconduct ARE CRIMINAL DEFENDANTS' REQUIRED TO PLEAD AND PROVE THEIR DUE DILIGENCE AS AN ADDITIONAL ELEMENT UNDER BRADY v. MARYLAND, 373 U.S. 83 (1963), AND ITS…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony I. DID THE TRIAL JUDGE VIOLATE THE PETTIONER'S DUE PROCESS RIGHTS TO A FAIR TRIAL AND IMPARTIAL JUDCE. TO NSURE DUE PROCESS, AND FOR THE JUDGE TO AVOI…
19-6380 Emerson L. Beverly v. Sherry L. Burt, Warden Sixth Circuit 2019-10-24 Denied Response WaivedIFP 14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment I. DID THE PROSECUTOR 'S REPEATED REFERENCE TO PETITIONER 'S DEFENSE AS A "RED HEARING " CONSTITUTE MISCONDUCT THEREBY DENYING PETITIONER A FAIR TRI…
19-6280 Jose Soto v. United States Ninth Circuit 2019-10-17 Denied Response WaivedIFP burden-of-proof circuit-split criminal-procedure due-process federal-courts federal-criminal-procedure harmless-error prosecutorial-misconduct Should the government bear the burden of establishing the harmlessness of a properly preserved claim of prosecutorial misconduct in a federal criminal…
19-6231 William Dean Chapman v. United States Fourth Circuit 2019-10-16 Denied Response WaivedRelisted (2)IFP aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent 1) a.Is equitable tolling warranted when access to legal files and resources is severely hampered? Where the 4th Circuit has denied equitable tolling…
19-6270 Darren Paul Odell v. Minnesota Minnesota 2019-10-15 Denied Response WaivedIFP civil-rights constitutional-rights due-process expert-witness ineffective-assistance-counsel ineffective-assistance-of-counsel interests-of-justice mental-illness newly-discovered-evidence post-conviction-relief professional-ethics prosecutorial-misconduct standing time-bar-exception (1)Article from Summer 2016 issue in Cure-Sort News Vol. 25, Issue 3 under heading, Letters From Across the Nation, which are damaging. Info found at …
19-6251 In Re Adib Eddie Ramez Makdessi 2019-10-11 Denied Relisted (2)IFP actual-innocence civil-rights constitutional-violations due-process extrinsic-fraud fraudulent-conviction habeas-corpus impeaching-evidence prosecutorial-misconduct suborned-testimony witness-tampering wrongful-conviction Concealed impeaching evidence, 1" In Light oF ihe neuuly discovered Fraudulently exposing many Suborn Fraudulent" testimon admithd that Jurors wouldha…
19-6237 Terry G. Watson v. Chantay Godert, Warden Eighth Circuit 2019-10-10 Dismissed IFP actual-innocence brady-violation civil-rights constitutional-rights due-process fair-trial habeas-corpus ineffective-assistance-of-counsel ineffective-counsel judicial-bias prosecutorial-misconduct Respondent Daniel Redington, Warden, Northeast Correctional Center through counsel of record have been untruthful, in all the courts > denying Petitio…
19-6201 Ronn Darnell Sterling v. United States Eleventh Circuit 2019-10-10 Denied Response WaivedIFP appeal bank-robbery constitutional-rights criminal-procedure due-process evidence-admission evidentiary-issues false-evidence improper-cross-examination ineffective-assistance ineffective-assistance-of-counsel prior-conviction-evidence prosecutorial-misconduct Could reasonable jurists disagree whether the District Court's refusal of 28 U.S.C. § 2255 motion before pre-trial trial, and Appellant counsel was co…
19-6180 Dannie Joe Farnum v. Scott Frauenheim, Warden Ninth Circuit 2019-10-07 Denied IFP child-competency confrontation-clause due-process fair-trial hearsay prosecutorial-misconduct right-to-confrontation right-to-fair-trial 1. Whether the trial court violated a defendant's right to due process by admitting the prior statements of a 4 year old child without any inquiry int…
19-449 In Re Arthur Edward Ezor 2019-10-04 Denied Response Waived constitutional-error criminal-procedure due-process equal-protection fair-trial prosecutorial-misconduct sixth-amendment writ-of-mandate 1. Was it was a denial of procedural and substantive due process for the lower Court to not order dismissal of the subject criminal case with prejudic…
19-6150 Chad M. Cutler v. Illinois Illinois 2019-10-03 Denied Response WaivedRelisted (2)IFP appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict 1. WILL THIS COURT ADDRESS THE CONFLICT BETWEEN THE ILLINOIS APPELLATE COURT AND BOTH THE ILLINOIS SUPREME COURT AND APPELLATE COURT OVER ILLINOIS RUL…
19-6141 Donnie Ray Jose v. United States Ninth Circuit 2019-10-03 Denied Response WaivedIFP criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o…
19-6121 In Re Matthew Lee Staszak 2019-10-02 Denied Response WaivedRelisted (2)IFP constitutional-violations cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandamus prosecutorial-misconduct SHOULD THIS SUPREME COURT ISSUE THE WRIT OF MANDAMUS TO THE LOWER U.S. DISTRICT COURT IN ORDER TO COMPEL THE DISTRICT COURT TO EXERCISE ITS ARTICLE II…
19-433 Patrick Emanuel Sutherland v. United States Fourth Circuit 2019-10-02 Denied 18-usc-1512 false-statements grand-jury nexus-requirement obstruction-of-justice obstruction-of-justice-18-usc-1512-c-2 plain-error plain-error-review prosecutorial-misconduct 1. When a defendant makes false statements to a United States Attorney's Office in an effort to persuade that Office to decline prosecution, does the …
19-6110 Abimael Ayala-Gonzalez v. New York New York 2019-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review brady-violation constitutional-duty criminal-procedure due-process eyewitness-identification federal-claim ineffective-assistance ineffective-assistance-of-counsel meaningful-representation-standard performance-prejudice-test prosecutorial-misconduct sixth-amendment state-appellate-court strickland-standard strickland-v-washington During voir dire, my trial counsel repeatedly referred to me as a drug dealer, supplying the prosecution with a motive that would never have survived …
19-6029 Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. Pennsylvania 2019-09-23 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order 1. Is not the Pennsylvania Supreme Court required in its Per Curiam conclusions of law with respect thereto. If the court finds that...[2] the sentenc…
19-6004 Lynn Taylor v. United States District Court for the Northern District of Texas Fifth Circuit 2019-09-20 Denied IFP abuse-of-discretion affidavit civil-procedure court-procedure discovery discovery-violation due-process ineffective-counsel judicial-discretion misconduct prosecutorial-misconduct rule-60-motion standing 1. Did the Northern District. Amarillo Division, abuse it's descretion in not forwardinn the total "discovery' of "unanswered admission, affidavit" to…
19-5998 Eric Matthew Frein v. Pennsylvania Pennsylvania 2019-09-19 Denied IFP criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors -- the victims of one or more of the defendant's charges …
19-5994 Benjamin Justin Brownlee v. California California 2019-09-18 Denied IFP civil-procedure criminal-law criminal-procedure due-process evidence evidence-code-section-352 jury-instructions prior-acts-evidence prosecutorial-misconduct right-to-fair-trial robbery-charges sixth-amendment standing True the felony had to be independest of the illing,was Prejudicial and sequses Reversal of The Special. C'rcunstance Finding Code Section 1los stad …
19-361 Renado Smith and Richard Delancy v. United States Eleventh Circuit 2019-09-18 Denied Amici (3) confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is "unavail…
19-5917 Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-09-11 Denied Response WaivedIFP 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review 1). Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state …
19-5855 Flenoid Greer v. Michigan Michigan 2019-09-06 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection evidence evidence-suppression government-misconduct prosecutorial-misconduct public-officials standing state-officials I. WHETHER MICHIGAN PUBLIC OFFICIALS FAILED TO PERFORM THERE DUTIES AND DEPRIVED PETITIONER OF DUE PROCES OF LAW? II. WHETHER DUE PROCESS IS DENIED WH…
19-5840 Andre Kenneth Stuckey v. California California 2019-09-06 Denied Response WaivedIFP california-supreme-court civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-counsel right-to-fair-trial sentencing supreme-court-review WHETHER MR. STUCKEY IS ENTITLED TO HABEAS CORPUS RELIEF WHEN ATTACKING HIS CONVICTION AND SENTENCING ON GROUNDS OF TITLE II A.D.A. AND A.D.A.A.A. VIOL…
19-5830 William H. Danielson v. New York New York 2019-09-05 Denied Response WaivedIFP appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal 1) Should judicial misconduct survive a waiver of appeal and guilty plea? 2) Should prosecutorial misconduct survive a waiver of appeal and guilty pl…
19-5821 Robert Earl Robinson v. Arizona, et al. Arizona 2019-09-05 Denied IFP appellate-jurisdiction appellate-review brady-v-maryland civil-rights constitutional-law constitutional-rights criminal-defense criminal-procedure cross-examination discovery due-process exculpatory-evidence prosecutorial-misconduct sixth-amendment standing statutory-interpretation Should the verdict be reversed because the plea was not entered into knowingly intelligently and voluntarily? Did the prosecution violate Brady requi…
19-5811 Joe Edger v. United States Eighth Circuit 2019-09-05 Denied Response WaivedIFP ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct 1. Does the phrase "cited in the affense of conviction" mean "information used in a partriular count of an indictment or information that initiat the …
19-303 Arthur Rodriguez Bautista v. Texas Texas 2019-09-05 Denied appellate-review criminal-procedure due-process fair-trial habeas-corpus impartial-judge ineffective-assistance ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct 1. Whether the trial judge's repeated improper comments throughout the trial demonstrated his bias in favor of the prosecution and denied Petitioner d…
19-5800 Darren Denson v. Illinois Illinois 2019-09-04 Denied IFP access-to-courts appellate-review civil-rights constitutional-claims cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-procedure post-conviction-relief prosecutorial-misconduct witness-testimony Miscondvet when they deried Denson of his dve process rights by witthholding evidence before the econd trial that justifies post-conviction velief In …
19-5781 Yong S. Cha, aka Edward Cha v. United States Ninth Circuit 2019-09-03 Denied Response WaivedIFP adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s…
19-5740 Jeffrey L. Miller v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. Third Circuit 2019-08-28 Denied IFP civil-rights constitutional-violation criminal-procedure deprivation-of-rights due-process false-evidence prosecutorial-misconduct self-defense wrongful-conviction Americans for conduct Not in violntioN of statute's, ANd is it Ok to knowingly bring frlse witnesses to A Americans justifiable conduct ? Post Oct, 19…
19-5696 Adrian Francis Williams v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-23 Denied Response WaivedIFP 6th-amendment constitutional-rights custody discovery due-process fourth-amendment jurisdiction prosecutorial-misconduct sixth-amendment speedy-trial state-law ChARkeicharles r.mcloy, inerr for aesenting an vntruth that the petitiuner Adrian Fseis willams, didnt pAR Dui to the petitroner being Denied an impAR…
19-243 Richard M. Camacho v. United States Armed Forces 2019-08-23 Denied Response Waived criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence I. Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence, diluted …
19-5660 Alfonso Sanchez v. Pennsylvania Pennsylvania 2019-08-21 Denied IFP circuit-split criminal-procedure double-jeopardy due-process fifth-amendment jury-verdict mistrial oregon-v-kennedy prosecutorial-misconduct reversal-of-conviction Does the Double Jeopardy Clause bar retrial when a prosecutor's misconduct, committed for the purposes of diminishing a defendant's chance of acquitta…
19-5659 Anthony L. Viola v. Bradley Tate, Warden Third Circuit 2019-08-21 Dismissed Response WaivedRelisted (2)IFP actual-innocence circuit-split double-jeopardy due-process habeas-corpus prosecutorial-misconduct simultaneous-prosecution A federally funded, multi-jurisdictional Mortgage Fraud Task Force (Bureau of Justice Assistance Grant # 2009-SC-B9-0080) prosecuted 1,000 citizens, i…
19-5650 James Michael Williams v. Daniel Paramo, Warden, et al. Ninth Circuit 2019-08-20 Denied Relisted (2)IFP brady-violations certificate-of-appealability due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing prosecutorial-misconduct second-jury-trial 1.) Whether the Minth Circuit U.S. Court Of Appeals erred in denying Certificate of Appealability to Petitioner, on the Ground Of Error concerning t…
19-5643 Raymont Wright v. United States Third Circuit 2019-08-20 Denied Response RequestedResponse WaivedRelisted (2)IFP double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe…
19-5642 John Emmett Brown, Jr., and Derrick Louis Carter v. United States Ninth Circuit 2019-08-20 Denied Response WaivedIFP brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence that (1) corroborates the defendants' wellgrounded…
19-5635 Shango Jaja Greer v. United States Ninth Circuit 2019-08-19 Denied Response WaivedIFP brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence (1) Did the District Court improperly condone the prosecutor's profligate misconduct in not only failing to disclose to the defense before trial that …
19-5614 Robert Ricks v. United States Fifth Circuit 2019-08-16 Denied Response WaivedIFP compulsory-process criminal-procedure defense-witness due-process fifth-amendment immunity perjury perjury-threat prosecutorial-misconduct sixth-amendment witness-immunity witness-intimidation Whether the grant of use and derivative use immunity to a defense witness, which specifically excluded any "prosecution for perjury, giving a false st…
19-5595 Marcel Malachowski v. United States Second Circuit 2019-08-15 Denied Response WaivedIFP certificate-of-appealability due-process false-evidence government-misconduct government-misrepresentations habeas habeas-corpus ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct second-circuit 1- Did The Denial of COA Violate of Appeals Denied Effective When A Clear Claim ofDue Process Where The Second Circuit And Meaningful Review As ACourt…
19-5576 William Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2019-08-13 Denied Response WaivedIFP abuse-of-discretion boone-county constitutional-rights hearsay hearsay-testimony ineffective-assistance-of-counsel judicial-discretion lafler-v-cooper plea-bargaining prejudice prosecutorial-misconduct right-to-effective-counsel sentencing I. WHETHER THE ADDITIONAL SIXTY (60) YEARS TAYLOR RECEIVED AT TRIAL WHEN ATTORNEY ALLEN LIDY FAILED TO COMMUNICATE THE BOONE COUNTY TWENTY (20) YEAR P…
19-5539 Nicholas Gilbert Beattie v. United States Eighth Circuit 2019-08-09 Denied Response RequestedResponse WaivedRelisted (2)IFP breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b…
19-5532 Timothy W. Sparrow v. Rusty Washburn, Warden Sixth Circuit 2019-08-09 Denied Response WaivedIFP criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence 1. The indictment was defective because it did not adequately inform the petitioner of the state's theory of attempted first degree murder. (Doc. No. …
19-5415 Darryl Dewayne Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-31 Denied IFP 28-usc-2254 certificate-of-appealability constitutional-review evidentiary-findings habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct standard-of-review strickland-standard strickland-v-washington 1) Whether Applicant is entitled to a certificate of appealability or review by the Supreme Court when the Court of Appeals departed from the accepted…
19-5388 Marquis Travell Edwards v. United States Ninth Circuit 2019-07-29 Denied Response WaivedIFP certificate-of-appealability criminal-procedure discovery due-process government-misconduct habeas-corpus pre-indictment-delay preindictment-delay prosecutorial-misconduct tactical-advantage Whether the Ninth Circuit Court of Appeals should have granted a certificate of appealability (COA) because reasonable jurists would disagree whether …
19-5375 Sean Daniels v. Shane Jackson, Warden Sixth Circuit 2019-07-29 Denied Response WaivedIFP actual-innocence due-process fifth-amendment ineffective-assistance judicial-misconduct prosecutorial-misconduct sixth-amendment WAS MR. DANIELS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHERE DEFENSE COUNSEL HAD TO BE REPEATEDLY REPRIMANDED BY THE TRIAL COURT FOR FAILING …
19-5369 Willie Chambers v. Phil Hall, Warden Georgia 2019-07-29 Denied IFP constitutional-rights double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel judicial-procedure multiplicitous-indictment post-conviction-relief presumption-of-innocence prosecutorial-misconduct reasonable-doubt right-to-fair-trial right-to-life-and-liberty state-court-review vindictive-prosecution DID PETITIONER ASSERT A VALID CLAIM OF A CONSTITUTIONAL RIGHT TO COUNSEL WHERE COUNSEL'S ACTIONS FAILED TO ADEQUATELY TEST THE PROSECUTION'S CASE AND …
19-5352 Hal Bernard Black v. United States Eleventh Circuit 2019-07-26 Denied Response WaivedIFP brady-v-maryland civil-rights,due-process,standing,civil-procedure, compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial government-liability notice-requirement procedural-fairness prosecutorial-misconduct Question not identified.
19-5302 Bryant Keith Williams v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-07-26 Denied Relisted (2)IFP 14th-amendment 5th-amendment 8th-amendment appellate-review civil-procedure civil-rights constitutional-violations criminal-procedure cruel-and-unusual-punishment damages due-process free-speech habeas-corpus prosecutorial-misconduct standing IGNORE A MANIFEST FLORIDA OF CAN THE STATE COURT DENIAL Conshitution Amendment 6, U.S.C. CON STITUTION ERROR, under plain errot Jopy Compounded Right …
19-5336 John S. Benchick v. United States Sixth Circuit 2019-07-25 Denied Response WaivedIFP court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony 1. Does the Defendant have a right to a true and correct record of his trial, that the Court Reporter failed to properly transcribe witness testimony,…
19-5284 Salvatore J. Moretti v. Bergen County Prosecutor's Office New Jersey 2019-07-24 Dismissed Response WaivedIFP bank-robbery civil-asset-forfeiture civil-procedure civil-rights constitutional-rights due-process innocent-owner-defense jurisdictional-challenge opra police-misconduct political-corruption property-rights prosecutorial-misconduct standing 1. Has Appellant Proven Liability in the Respondents, Bergen County Prosecutor's Office, Given the High-Profile Case Which Was Briefed by Deborah Pori…
19-5296 Ozzie Davis v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-07-24 Denied Response WaivedIFP bruton-v-us criminal-conspiracy criminal-procedure due-process fair-trial-rights jackson-v-virginia prosecutorial-misconduct state-trial sufficiency-of-evidence supreme-court-precedent third-degree-murder WHETHER THE PENNSYLVANIA SUPERIOR COURT'S DENIAL ON DIRECT REVIEW OF THE CHALLENGE TO THE SUFFICIENCY OF THE EVIDENCE IN SUPPORT OF PETITIONER'S CON…
19-5281 Ronald Wesley Jiles v. Michigan Michigan 2019-07-23 Denied IFP criminal-procedure due-process evidence-admissibility fair-trial fifth-amendment fifth-amendment-right jury-bias jury-instructions prejudice prosecutorial-misconduct self-incrimination WHETHER A DEFENDANT'S RIGHT TO EXERCISE HIS FIFTH AMENDMENT RIGHT WHILE IN OPEN COURT, COMMENTED ON BY THE PROSECUTION TO THE JURY DURING CLOSING WAS …
19-5263 Miah Stroud v. Shawn Brewer, Warden Sixth Circuit 2019-07-22 Denied Response WaivedIFP constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification I. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL RIGHT TO DUE PROCESS WHEN SHE WAS CONVICTED OF SECOND DEGREE MURDER AND THREE COUNTS …
19-5256 Anthony J. Livingstone v. United States Armed Forces 2019-07-19 Denied Response WaivedIFP confrontation-clause confrontation-rights criminal-procedure discovery due-process military-justice military-rules-of-evidence prosecutorial-misconduct sixth-amendment special-victims-counsel 1. Was the 6th Amendment right to confront witnesses violated due to a misapplication of MRE 412 by the military judge? 2. Did the prosecutor prejudi…
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 …
19-5227 John Francis Lechner v. United States Sixth Circuit 2019-07-17 Denied Response WaivedIFP abuse-of-power atf civil-rights criminal-investigation due-process explosives-permit false-testimony federal-agent-testimony government-misconduct perjury prosecutorial-abuse prosecutorial-misconduct 1. Did ATF Special Agent Timothy DeClaire misrepresent himself when he testified that John Lechner forged the explosives permit? 2. Did Melissa Alexa…
19-5168 Stephenson Lamar Smith v. Ted Jackson, et al. Eleventh Circuit 2019-07-15 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment jurisdiction prosecutorial-misconduct standing The prohibition against "double jeopardy" protect you from having the Same charge twice For the Same offense?
19-5146 Isiah Edward Gilliam v. Michigan Michigan 2019-07-11 Denied IFP discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense WAS MR. GILLIAM DENIED DUE PROCESS AND A FAIR TRIAL WHEN THE PROSECUTION FAILED TO PROVIDE TIMELY DISCOVERY AS REQUIRED? WAS MR. GILLIAM DENIED THE R…
19-5152 Daryll Keith Shumake v. Virginia Fourth Circuit 2019-07-11 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights court-filing due-process evidence-suppression exculpatory-evidence hearsay ineffective-assistance-of-counsel legal-access legal-materials prison-litigation prisoner-rights prosecutorial-misconduct Question not identified.
19-5132 Kenneth D. Sills v. Anne L. Precythe, Director, Missouri Department of Corrections Eighth Circuit 2019-07-10 Denied Response WaivedIFP batson-v-kentucky constitutional-rights criminal-procedure flowers-v-mississippi ineffective-assistance ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination sixth-amendment WHETHER CERTIORARI SHOULD BE GRANTED WHERE TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO OBJECT TO THE PROSECUTIONS 'S PRETEXTUAL EXPLANATION FOR EXERCI…
19-5072 Troy Lee Bridges v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-03 Denied Relisted (2)IFP batson-challenge certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel peremptory-strikes prejudice prosecutorial-misconduct standard-of-review voir-dire Did the Fifth Circuit err in deferring to the Federal court finding that Mr. Bridges was not prejudiced by his findings and the prosecutors conduct du…
19-5046 James Gregory Armistead v. David Millis, Superintendent, Hyde Correctional Institution Fourth Circuit 2019-07-02 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance legal-documents prosecutorial-misconduct standing trial-error WHETHER CIRCUIT COURT JUDGE ERROR WHEN DENIED PETITIONER APPEAL, FOR WRTT OF HABEAS CORPUS FOR VIOLATION OF CONSTITUTIONAL RIGHT OF INEFECTIVE ASSISTA…
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…
19-5022 Brian K. Banks v. Louisiana Louisiana 2019-07-01 Denied Response WaivedIFP 404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review I. Did the Louisiana Supreme Court Error, when it allowed the Fifth Circuit Court of Appeals to contradict its own prior rulings by overruling the Dis…
19-5023 Jason Keith Walker v. United States Ninth Circuit 2019-07-01 Denied Response WaivedIFP brady-v-united-states brady-violation due-process fifth-amendment giglio-v-united-states ineffective-assistance ineffective-assistance-of-counsel napue-v-illinois plea-bargaining plea-negotiations prosecutorial-misconduct sentencing sixth-amendment 1. Whether the petitioner, Jason Keith Walker, is entitled to a certificate of appealability on his claim that his trial counsel provided ineffective …
18A1366 Julio Mario Haro-Verdugo v. United States Ninth Circuit 2019-06-27 Presumed Complete conflict-of-interest constitutional-violation fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment Question not identified.
18-9845 Bradley Joseph Vanzant v. Keith Yordy, Warden Ninth Circuit 2019-06-27 Denied Response WaivedIFP 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error 1. STATE Docket No. 44269 SUPREMECOURT (IcahO) 2. Denial Umpublished opinion February Ist 2017 Court 3. of Appeals. Petition for Review timely submitt…
18-9834 Carlos Alberto Ochoa-Orozco v. United States Fifth Circuit 2019-06-27 Denied Response WaivedIFP constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge 1. Whether the district court violated Appellant's right to due process, and his Sixth Amendment right to affair trial, where' the district court 'lac…
18A1363 Abimael Ayala-Gonzalez v. New York New York 2019-06-26 Presumed Complete burden-of-proof circumstantial-evidence criminal-procedure due-process prosecutorial-misconduct racial-identification Question not identified.
18-9820 Jonathon Loyd Edick v. Michigan Michigan 2019-06-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel judicial-bias legal-prejudice prejudice prosecutorial-misconduct standing trial-procedure I petitioner entitled to relief where Wis constitutiove rights are were viclated by receivling Ineffertive Asststal of cousel at the trial court level…
18-9795 Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-06-25 Denied IFP certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence WHETHER THE COURT OF APPEALS DECISION TO DENY A COA CONCLUDING THAT PETITIONER SUFFICEINCY OF EVIDENCE CLAIM WAS PROCEDURALLY DEFAULTED BASED ON STA…
18-9785 Wayne A. Hussar, II v. James C. Reynolds, et al. Ninth Circuit 2019-06-25 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search Question not identified.
18-9771 Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2019-06-24 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence Did State Court violate Petitioner's constitutional rights to due process, to a fair and impartial trial, and to effective assistance of counsel, in t…
18-9765 Joseph Kinard v. United States District Court for the District of Columbia District of Columbia 2019-06-24 Denied Response WaivedIFP bar-membership civil-rights constitutional-violation criminal-procedure discovery due-process evidence jurisdiction oath-of-office prosecutorial-misconduct state-court-review supreme-court-jurisdiction vagueness Doa Assistant United States Attomey have to be a member of The Barin that city or state to presecute youin United states District Courtand Superior Co…
18-9741 Quintin Irving Brown v. City of Richmond, Virginia Virginia 2019-06-20 Denied Response WaivedRelisted (2)IFP criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-misconduct misdemeanor-reduction probation-violation prosecutorial-misconduct speedy-trial void-judgment I. WHEN A TRIAL OCCURS OVER A DEFENDANT'S EXPRESSED OBJECTIONS TO A VIOLATION OF THAT STATE'S STATUTORY RIGHT TO SPEEDY TRIAL—WITH THAT CONVICTION BE …
18-9711 David Meyers v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2019-06-20 Denied Relisted (2)IFP civil-rights compulsory-process constitutional-rights criminal-procedure due-process fail-to-strike-testimony fair-trial false-testimony ineffective-assistance ineffective-assistance-of-counsel intrinsic-fraud perjury post-conviction-relief prosecutorial-misconduct Was it Ineffective Assistance of Counsel by Attorney Paul Roskin failure to move to strike evidence of drug lord Maurice Rives and Shereasa McDaniels …
18-9746 Marion Wilson, Jr. v. Benjamin Ford, Warden Georgia 2019-06-20 Denied IFP capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing Whether a prosecutor may secure a death sentence by presenting knowingly false and/or misleading argument to the jury that argues falsehoods about the…
18-9754 Daniel Teitelbaum v. Neil Turner, Warden Sixth Circuit 2019-06-20 Denied Response WaivedIFP brady-violation constitutional-violation dna dna-evidence due-process fbi-codis-database guilty-verdict ineffective-assistance ineffective-counsel jury-unanimity new-evidence prejudice procedural-default prosecutorial-misconduct 1. DNA, NEW EVIDENCE a. Did flaws in the FBI's CODIS DNA database prejudice the defendant and lead to a guilty verdict? b. Is the discovery of flaws …
18-9728 Sung Ho Park v. Tammy Foss, Warden Ninth Circuit 2019-06-19 Denied Response WaivedIFP confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel I. Whether Park, Who Was Physically Incapacitated When The Police Interrogated Him, Could Not Make A Voluntary Statement; Whether Trial Counsel Render…
18-9716 Andrew J. Hunter, Jr. v. Louisiana Louisiana 2019-06-19 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-provisions criminal-procedure defense-rights due-process fair-trial judicial-bias prosecutorial-misconduct right-to-counsel subpoena-power Did Louisiana Courts err in denying Andrew Hunter's right to a fair trial and subsequent review when rejecting claims involving, Conflicting Decisions…
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…
18-9666 Jose Hernandez v. Massachusetts Massachusetts 2019-06-13 Denied Response WaivedIFP appellate-review brady-v-maryland brady-violation due-process exculpatory-evidence fourteenth-amendment prejudice-standard prosecutorial-disclosure prosecutorial-misconduct witness-impeachment 1. Whether the Due Process Clause of the Fourteenth Amendment is violated where, in reviewing a defendant's a Fourteenth Amendment Due Process violati…
18-9620 Christopher J. Miller v. Joel Martinez, Warden Ninth Circuit 2019-06-13 Denied Response WaivedIFP child-abuse civil-rights criminal-law due-process emotional-harm legal-precedent mental-health non-sexual-touch prosecutorial-misconduct restitution Like unknown numbers of American citizens, petitioner is unfortunately a pedophile. Seizing upon that fact, the prosecutor vilified the defendant for …
18A1306 Latif Shamsuddin v. New York New York 2019-06-13 Presumed Complete burden-shifting criminal-trial due-process evidence-sufficiency prosecutorial-misconduct summation-comments Question not identified.
18-9638 Jose Luis Barboza, Jr. v. Texas Texas 2019-06-12 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence-tampering free-speech gang-membership patent prosecutorial-misconduct sentencing-guidelines standing trial-fairness for a new judge in the trial do to the fact that there was no proff ot that Statment from defendant. also defendant was charged in a dubble jeopardy …
18-9637 Robert Travis Jenkins v. Kansas Kansas 2019-06-12 Denied IFP administrative-law civil-rights compliance-burden constitutional-rights due-process equal-protection federal-regulations judicial-review jury-selection prosecutorial-misconduct racial-discrimination statutory-interpretation [I] On appeal, Jenkins contendsthe verdictshould be set aside because the prosecutor antialevidence. The inquiry advances in three staqes. If these st…
18-9625 Lawton Frederick Tyson v. Texas Texas 2019-06-11 Denied Relisted (2)IFP constitutional-rights due-process equal-protection fair-trial grand-jury habeas-corpus jurisdiction prosecutorial-misconduct WERE PETITIONER'S "DUE PROCESS & EQUAL PROTECTION OF THE LAWS" RIGHTS, PRIVILEGES & IMMUNITIES VIOLATED, WHEN THE TRIAL COURT HAD "TRIED, CONVICTED AN…
18-9590 Stephen Mayer v. United States Eleventh Circuit 2019-06-07 Denied Response WaivedIFP criminal-procedure criminal-procedure-33-b-1 criminal-procedure-33-b-2 federal-rules federal-rules-of-criminal-procedure giglio giglio-violations napue napue-violations new-evidence post-conviction-relief prosecutorial-misconduct I Whether evidence of Giglio/Napue violations can be utilized as new evidence under Federal Rules of Criminal Procedure 33(b)(1) or if it is limited t…
18-9566 Jason Brady Sain v. Oklahoma Oklahoma 2019-06-06 Denied IFP closing-arguments credibility due-process fair-trial fourteenth-amendment prosecutorial-misconduct sixth-amendment theory-of-the-case witness-credibility 1. WAS PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO A FAIR TRIAL VIOLATED WHEN THE PROSECUTOR COMMITTED PLAIN AND OBVIOUS CONSTITUTIONAL ERRO…
18-9556 Charles R. Willard v. California Department of Corrections and Rehabilitation Ninth Circuit 2019-06-05 Denied IFP certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment 1. Is the low threshold for a certificate of appealability ("COA") met on a claim that trial counsel provided prejudicially deficient performance when…
18-9552 Patricia Gill v. Nyack College, et al. Second Circuit 2019-06-04 Denied IFP bad-faith civil-procedure civil-rights constitutional-rights court-procedure due-process harassment in-forma-pauperis judicial-misconduct poor-person-status prosecutorial-misconduct standing state-officials Plaintiff feels that Judge Nelson S. Roman acted in Bad faith when he spoke about another case which Plaintiff was not there for. She was only informe…
18-9527 Thomas Branagan v. Isidro Baca, Warden, et al. Ninth Circuit 2019-06-03 Denied Response WaivedIFP child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony Question not identified.
18-9517 Kenneth R. Isom v. Arkansas Arkansas 2019-06-03 Denied Relisted (7)IFP adversarial-history bias coram-nobis criminal-procedure due-process judicial-impartiality judicial-recusal prosecutorial-bias prosecutorial-misconduct recusal trial-procedure Sam Pope, as elected prosecutor for Arkansas's Tenth Judicial District, brought charges against Kenneth Isom three times in the span of 13 months. Iso…
18-9509 Robert Lehmann v. Scott Kernan, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-05-31 Denied Response WaivedIFP arizona-v-youngblood bad-faith-exception brady-v-maryland due-process evidence evidence-preservation fair-trial ineffective-assistance prosecutorial-misconduct scientific-evidence scientific-testing strickland-v-washington With the advancement of scientific testing methods of biological evidence, is the "bad faith" exception to the failure to preserve evidence carved out…
18-9497 Lloyd E. Austin, IV v. Bridgitte Amsberry Ninth Circuit 2019-05-31 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing why petitioner the except a stipulated facks would trial plea agreement to the Worst per. Case scenerio without right trying ot trirl o he was in his …
18-9478 David Rothenberg v. Florida Florida 2019-05-30 Denied Response WaivedIFP affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to char…
18-1491 Kaitlyn Nguyen v. United States Ninth Circuit 2019-05-29 Denied Response Waived 5th-amendment constitutional-rights criminal-procedure due-process evidence evidence-admissibility evidence-admission fifth-amendment inflammatory-evidence medical-clinic patient-deaths prejudicial-evidence prosecutorial-misconduct Whether petitioner's right to due process of law under the 5th Amendment, U.S. Constitution was violated by the prosecution's introduction of highly i…
18A1223 Keith Jerome Wright v. M. Eliot Spearman, Warden Ninth Circuit 2019-05-28 Presumed Complete dna-evidence due-process fourth-amendment ineffective-assistance prosecutorial-misconduct search-and-seizure Whether the Court of Appeal erred in failing to provide petitioner due process by failing to consider either explicitly or implicitly his rights in fa…
18-9369 Wade Travis Webb v. County of Pima, Arizona, et al. Ninth Circuit 2019-05-21 Denied Relisted (2)IFP citizen-rights civil-rights constitutional-violations criminal-procedure due-process government-accountability grand-jury grand-jury-system legal-accountability prosecutorial-misconduct standing A check on the government's power to prosecute its own citizens minus no check does not equal zero. A check on the government's power to prosecute it…
18-9278 In Re Edmond McClinton 2019-05-17 Dismissed IFP actual-innocence civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel lack-of-due-process lack-of-jurisdiction miscarriage-of-justice probable-cause prosecutorial-misconduct There was no probable cause for arrest. Petitioner has not been bound over for trial, thereforetrial court being without Jurisdiction for trial. Peti…
18-9289 In Re Michael Leon Haley, Sr. 2019-05-15 Denied Response WaivedIFP actual-innocence constitutional-rights criminal-procedure criminal-sentencing due-process equal-protection false-testimony habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice prosecutorial-misconduct sentencing third-strike WHETHER PETITIONER IS ACTUALLY INNOCENT OF BEING ELIGIBLE FOR A THIRD-STRIKE SENTENCE UNDER 42 PA. C. S. §9714(g)? WHETHER PETITIONER'S SENTENCING WA…
18-9261 Calmer Cottier v. United States Eighth Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (7)IFP constitutional-rights cooperating-witness due-process fair-trial impartial-jury jury-deliberation prosecutor-stipulation prosecutorial-misconduct stipulation truthfulness witness-credibility witness-testimony When the only evidence offered to support a murder conviction is the testimony of the government's cooperating witnesses, does it violate the Constitu…
18-9227 Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-10 Denied IFP capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct QUESTION ONE: Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment p…
18-1413 Brandon D. Woodruff v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-10 Denied ' 'habeas-corpus" ' 'prosecutorial-misconduct" ' 'right-to-confrontation" ' 'right-to-counsel" ' 'sixth-amendment" ' 'standard-of-review' certificate-of-appealability criminal-procedure due-process habeas-corpus jail-telephone-calls prosecutorial-conduct prosecutorial-misconduct right-to-counsel sixth-amendment A prosecutor had Petitioner's jail telephone calls recorded, listened to them, made notes from them and had at least one witness listen to them. This …
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…
18-9153 Albert Randolph v. Texas Texas 2019-05-07 Denied Relisted (2)IFP appeals constitutional-law constitutional-provisions criminal-appeals criminal-procedure due-process fourteenth-amendment habeas-corpus legal-review prosecutorial-misconduct standing statutory-provisions supreme-court writ-of-certiorari The Court of Criminal Appeals erred, denying Petitioner a new trial? Distric+ Attorney (prosccution)violated +he Due Process Clause , Fourteenth Amen…
18-9149 John David Brookins v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-05-06 Denied Response WaivedIFP equal-protection evidence-suppression ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct constitutional-rights due-process equal-protection ineffective-assistance-of-counsel ineffective-counsel jury-selection peremptory-challenges prosecutorial-misconduct [I] THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE LOWER STATE AND FEDERAL COURT DENIED …
18-9137 Michael D. Hickingbottom v. Indiana Indiana 2019-05-06 Denied Response WaivedIFP brady-material civil-procedure civil-procedure-filing-deadlines due-process ineffective-assistance-of-counsel notice-of-appeal post-conviction-relief prison-mailbox-rule prosecutorial-misconduct standing 1. Does The Prison Mail Box Rule Announced In Excuse(s) The Filing of Late Notice of Appeals Which were Filed Statutory Dead line? 2. Was The state C…
18-9094 Marty J. Hebert v. Louisiana Fifth Circuit 2019-05-02 Denied Response WaivedIFP autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment The State expert witness Dr. Emile Laga testified before the grand jury concerning his findings of the autopsy of the murder victim and the state secu…
18-9083 Ken Gryder v. Laura Rudy, et al. Virginia 2019-05-02 Denied Response WaivedIFP civil-rights county-taxation defamation-claim dmv-registration due-process employment-damages free-speech malicious-prosecution patent prosecutorial-misconduct sovereign-immunity standing takings unlawful-eviction Does a county have the right to collect taxes with no court judgment using the DMV to stop tag renewal and registration after having knowingly engaged…
18-9051 Quintonius B. Golston v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-01 Denied IFP brady-v-maryland brady-violation circuit-conflict conflict criminal-procedure due-process evidence-suppression federal-question fifth-circuit important-question prosecutorial-misconduct WHETHER THE UNITED STATES COURT OF APPEALS FIFTH CIRCUIT HAS DECIDED AN IMPORTANT FEDERAL QUESTION THAT CONFLICTS WITH THIS COURT IN BRADY V. MARYLAND…
18-1342 Andrew Ndubisi Ucheomumu v. Attorney Grievance Commission of Maryland Maryland 2019-04-25 Denied Response Waived attorney-discipline brady-v-maryland in-re-ruffalo quasi-criminal willner-v-committee 14th-amendment attorney-disciplinary-proceeding attorney-discipline brady-disclosure confrontation confrontation-rights due-process in-re-ruffalo prosecutorial-misconduct willner-v-committee 1. Whether the State of Maryland violated Petitioner's 14th Amendment due process rights in an attorney disciplinary proceeding resulting in Petitione…
18-8922 In Re Efrain Campos 2019-04-19 Denied IFP due-process fraud habeas-corpus parole parole-eligibility plea-agreement plea-bargaining prosecutorial-misconduct sentencing Was Petitioner Efrain Campos Denied A Fundamentally Fair Guilty Plea Procedural Execution, By The With Holding Of Information By The Assistant Distric…
18-8863 Neville Turnbull v. Glen Johnson, Warden Georgia 2019-04-17 Denied IFP appellate-procedure civil-rights constitutional-law criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion judicial-review legal-standard miscarriage-of-justice prosecutorial-misconduct standing trial-process GROUND ONE Whether State's highest court errs by refusing to remedy a Prisoner's Miscarriage of Justice claim, abuse of discretion and cause of willfu…
18-8851 Lester James Smith v. Georgia Georgia 2019-04-17 Denied Response WaivedIFP attempt-to-elude criminal-procedure double-jeopardy double-punishment due-process equal-protection evidence-collection federalism investigative-techniques law-enforcement probable-cause prosecutorial-misconduct sentencing single-incident single-jurisdiction M. Smith alleges that the State of Geargia has illeggally sentenced him to 25 years for five counts Single incident, and a single jurisdiction for pro…
18-8853 Cameron Brown v. California California 2019-04-16 Denied IFP constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript Is the defendant illegally/wrongfully convicted due to double jeopardy violation? Is it a due process violation and/or a double jeopardy violation to…
18-1313 Michael Moran v. California Ninth Circuit 2019-04-16 Denied Response Waived 14th-amendment 5th-amendment constitutional-rights cumulative-effect cumulative-error due-process fair-trial in-custody-statements miranda miranda-rights prosecutorial-misconduct right-to-a-fair-trial right-to-counsel right-to-present-a-defense Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that admission of petitioner's …
18-8815 Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution Fourth Circuit 2019-04-15 Denied IFP civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony With The Foueth Ciecart precedANt that thece is cause of Equitasle Tolling of time Restrictions in A FedeRal HabeAs? How cAN, cRine scene photoqeaphs…
18-8827 David McShan v. United States Sixth Circuit 2019-04-15 Denied Response WaivedIFP berger-standard berger-v-united-states criminal-procedure due-process evidence evidence-fabrication jury-bias nelson-v-colorado presumption-of-innocence prosecutorial-misconduct sentencing trial-fairness I. Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insi…
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony The APPELLAtE count Stated tha t : perfected i m peach me was Unlikel Counsel could hnve nA1e= Reyarbg Av The Eviken agReemend hearing, The Record was…
18-1286 Brian D. Baur v. Pennsylvania Pennsylvania 2019-04-10 Denied Response Waived castle-doctrine chain-of-custody civil-procedure civil-rights constitutional-rights due-process evidence-preservation ineffective-counsel law-of-the-case prosecutorial-misconduct reassignment sentencing standing use-of-force 1. Whether the Law of the Case Doctrine is an issue in this case since two Judges have made rulings concerning the Constitutional Rights of the Pet…
18-8651 Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-01 Denied IFP actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Cir…
18-8591 Jose J. Salazar-Hernandez v. Texas Texas 2019-03-28 Denied IFP 14th-amendment child-sexual-assault confrontation-clause constitutional-violation criminal-procedure cross-examination due-process federal-habeas habeas-corpus newly-discovered-evidence post-conviction-relief prosecutorial-misconduct statute-of-limitations victim-testimony Is it logical to conclude 1. that a trier-of fact has reasonably and rationally the "beyond a reasonable applied doubt" standard as contemplated under…
18-8585 Zhordrack Bloodywone v. Joseph Bellnier, Superintendent, Marcy Correctional Facility, et al. Second Circuit 2019-03-27 Denied Response WaivedRelisted (2)IFP 4th-amendment 6th-amendment criminal-procedure due-process privacy right-to-counsel 6th-amendment appellate-jurisdiction constitutional-rights criminal-procedure due-process federal-appeals judicial-review prosecutorial-misconduct right-to-counsel trial-court (4) why Rox cee New My OK Cake Pepa Rte uh of CoRReOtious Aud Lem wuwrty fu par} Sion made Nu wdious Ate pa Gut Fhe Bey lun iv Hf ey pRokecution fu Ye…
18-8576 Yusef Allen v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-03-26 Denied Response WaivedIFP brady-requirements brady-violation constitutional-rights conviction conviction-integrity criminal-conviction criminal-justice-system due-process integrity integrity-of-justice judicial-review prosecutorial-ethics prosecutorial-misconduct The main question in this petition is whether the gross actions of prosecutorial misconduct were so egregious as to render the defendant's conviction …
18-8578 DeMarius L. Williams v. Illinois Illinois 2019-03-26 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct search-and-seizure sufficiency-of-evidence Was petitioner guilty of unlawful possession with intent to deliver a controlled substance proved or not proved beyond reasonable doubt where he posse…
18-8569 Melvin Bonnell v. Ohio Ohio 2019-03-26 Denied IFP appellate-review capital-punishment dna-evidence dna-testing due-process hearsay hearsay-evidence prosecutorial-misconduct In 1988, before DNA was widely available as a forensic tool, Melvin Bonnell was convicted and sentenced to death. Trial testimony established that blo…
18-8564 Kelvin Wayne Heath v. Melinda K. Braman, Warden Sixth Circuit 2019-03-26 Denied Response WaivedIFP automatic-reversal compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel exculpatory-evidence fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct uniform-act-on-production-of-out-of-state-witnesse witness-tampering Did trial court abuse discretion by allowing text messages that's erased? Was Trial Counsel ineffective? Was 6th Amendment violated specifically Con…
18-8550 Ernest M. Flowers v. Laura Uriarte, et al. Florida 2019-03-25 Denied IFP 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus judicial-interpretation prosecutorial-misconduct sentencing trial-procedure WHETHER PETITIONER IS BEING UNLAWFULLY RETAINED IN THE FLORIDA DEPARTMENT OF CORRECTIONS CONTRARY TO FLORIDA SUPREME COURT PRECEDENT AND HAS THEREFORE…
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights WHERE STATE STATUTES PROVIDE PRE-TRIAL REMEDIES FOR PROSECUTORIAL OVERREACHING BY INTERLOCUTORY APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT…
18-8533 Lance Williams v. California California 2019-03-22 Denied Response WaivedIFP civil-rights criminal-appeal criminal-procedure due-process evidence evidence-admissibility habeas-corpus ineffective-appellate-counsel ineffective-assistance-of-counsel insufficiency-of-evidence intent invalid-illegal-strike perjury police-report prejudicial-1101(b)-evidence pro-se prosecutor-coercion prosecutorial-misconduct uncharged-act witness-credibility witness-description 1. How can the state courts deny appeal on a issue of prejudicial 1101(B) evidence on a uncharged act used to prove intent where the police report of …
18-8490 Bernard Mitchell v. California California 2019-03-21 Denied Response WaivedIFP abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review 1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestio…
18-8491 Ernest Marquis Flowers v. Laura Uriarte, et al. Florida 2019-03-20 Denied IFP appeal civil-rights civil-rights-violation constitutional-rights criminal-procedure due-process habeas-corpus judicial-review malicious-prosecution prosecutorial-misconduct sentencing sixth-amendment unlawful-detention WHETHER PETITIONER WAS ILLEGALLY DETAINED IN THE FLORIDA DEPARTMENT OF CORRECTIONS UNDER FULLY ENFORCEABLE VERDICTS CONTRARY TO FLORIDA SUPREME COURT …
18-8466 Gregory Hunt v. Alabama Alabama 2019-03-19 Denied IFP brady-v-maryland brady-vs-maryland capital-case capital-punishment constitutional-rights due-process expert-testimony false-evidence prosecutorial-misconduct strickler-v-greene strickler-vs-greene In pursuit of a capital conviction and death sentence in this case, the prosecutor relied on an inflammatory impossibility. At Gregory Hunt's trial in…
18-8462 William James Truesdale v. Florida, et al. Eleventh Circuit 2019-03-19 Denied Response WaivedRelisted (2)IFP due-process equal-protection exculpatory-evidence fabricated-evidence fabrication-of-evidence fair-trial harmless-error ineffective-assistance-of-counsel prosecutorial-misconduct trial-error Whether the erroneously admitted evidence reviewing sufficiently material to provide the basis for conviction or to remove a reasonable doubt that wou…
18-8434 Leif Halvorsen v. DeEdra Hart, Warden Sixth Circuit 2019-03-14 Denied IFP amendment-of-habeas-petition clearly-established-law darden-v-wainwright due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct white-v-woodall I. Does the Sixth Circuit's ruling that a lack of Supreme Court case law dealing with a specific type of improper prosecution closing argument means n…
18-8425 Henry Johnson Lucas, Jr. v. Virginia Virginia 2019-03-14 Denied Response WaivedIFP appeals brady-violation civil-procedure civil-procedure-appeal-timeliness-dismissal-rules- constitutional-violation due-process evidence-suppression new-trial-motion procedural-error prosecutorial-misconduct rules-of-court standing timeliness Did the Virginia Supreme Court rule erroneously in dismissing netitioner's aDDeal as being untimely under Rule 5:9(a) of the Supreme Court of Virginia…
18-1193 Brandon Lee Moon v. County of El Paso, Texas, et al. Fifth Circuit 2019-03-14 Denied Response Waived absolute-immunity brady-violation circuit-split civil-rights constitutional-rights dna-testing due-process imbler-v-pachtman judicial-proceedings post-conviction post-conviction-DNA-testing prosecutorial-immunity prosecutorial-misconduct Whether absolute immunity shields a prosecutor's unconstitutional handling of post-conviction DNA testing under Imbler v. Pachtman, 424 U.S. 409 (1976…
18-8356 In Re Steven Eason 2019-03-08 Denied IFP actual-innocence civil-rights criminal-procedure due-process equal-protection habeas-corpus jurisdiction jurisdictional-limitations procedural-bars prosecutorial-misconduct state-law successive-habeas successive-petitions Cra the petitioner's Chan, that LAE conuretang aon JO have jucitdrctira ty prosedute him on count ¢ Of his indichaven? becauce the state dalaot charge…
18-8278 Timothy M. Schieve v. Indiana Indiana 2019-03-07 Denied IFP civil-procedure civil-rights due-process false-testimony free-speech judicial-instructions jurisdiction prosecutorial-misconduct sentencing-reduction standing Wki W-95 ,t(y1oYc1 -cr,,i i rnyy.j,e tt.iJ) 15 im 7-rD)tJes 4- /se • 1Mr€ur cY_ red uctiô t)jf eyi& Z wky I to 'cQlur ..j/ ' a1Ce1S,5 V1 pe;557L1e…
18-8297 John Baccus v. Edgar L. Clements, III, et al. Fourth Circuit 2019-03-06 Dismissed IFP 4th-amendment brady-v-maryland civil-rights criminal-procedure due-process evidence judicial-power prosecutorial-misconduct Question not identified.
18-8240 Howard Anthony Moniz v. Michigan Michigan 2019-03-06 Denied IFP conflict-of-interest due-process judicial-disqualification judicial-impartiality post-conviction-relief prosecutorial-bias prosecutorial-misconduct recusal recusal-standard I, Should the State Circuit Court Judge be disqualified from ruling on a collateral appeal for relief from judgmint where he personally opposed post-c…
18-1158 Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections Eleventh Circuit 2019-03-06 Denied Amici (1) appeals brady-violation certificate-of-appealability constitutional-law criminal-procedure due-process eleventh-circuit evidence habeas-corpus ineffective-assistance-of-counsel judicial-review jury-bias prosecutorial-misconduct trial-procedure (1) Did the United States Court of Appeals for the Eleventh Circuit (the "Circuit Court" or "Eleventh Circuit") apply an incorrect standard for obtain…
18-8218 Nathaniel Hoskins v. United States Seventh Circuit 2019-03-01 Denied Response WaivedIFP brady-v-maryland brady-violation confidential-informant criminal-justice-system criminal-procedure due-process evidence evidence-suppression materiality prosecutorial-misconduct rico-conspiracy suppression Whether the prosecution's pretrial evidentiary suppression of various law enforcement reports, interviews and statements favorable to the Petitioner v…
18-8229 Sam Chinn, aka Sam Chinn, III v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2019-03-01 Denied IFP 28-usc-455 28-usc-636 article-iii article-iii-section-2 article-iii-violation civil-procedure constitutional-claims due-process federal-rule-8 habeas-corpus judicial-disqualification magistrate-judge-process plea-bargaining prosecutorial-misconduct rule-60b-motion WHETHER THE DENIAL OF A RULE 60(b) MOTION, BY THE DISTRICT COURT, AND THE DENIAL OF A CERTIFICATE OF APPEALABILITY BY THE COURT OF APPEALS, WAS A ABUS…
18-8179 Keith Dwayne Lewis v. Warren L. Montgomery, Warden Ninth Circuit 2019-02-28 Denied IFP 28-usc-2254 civil-rights due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sentencing state-criminal-conviction sufficiency-of-evidence WHETHER A STATE CRIMINAL CONVICTION SHOULD STAND WHEN A STATE HAS INCORRECTLY CONCLUDES THE SUFFICIENCY OF EVIDENCE TO SUPPORT THE CONVICTION OF AIDIN…
18-8154 Deondre D. Romero v. Darrel Vannoy, Warden Fifth Circuit 2019-02-27 Denied IFP and whether ineffective assistance of counsel dep due-process fair-trial false-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment victim-credibility witness-credibility Whether Petitioner's Foujteenth Amendment. right to a. fair and impartial trial was violated 'then the proseatftr elicited false testimony from the vi…
18-8143 Stephen Talbert v. United States Eighth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact discoverable during pretrial investigat…
18-8141 Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-26 Denied IFP abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel 1 - HAS TRIAL COUNSEL INEFFECTIVE FOR NOT CALLING ALIPI WITNESS? P. WAS TRIAL COUNSEL INEFFECTIVE FOR VIOLATING PETITIONERS OLIE PROSSEE OF LAW PUY N…
18-8127 Nguyen Vu v. Sandy L.V. Byrd, Judge, Court of Common Pleas of Pennsylvania, First Judicial District, et al. Pennsylvania 2019-02-26 Denied Response WaivedIFP 14th-amendment civil-rights cross-examination due-process evidence-suppression evidence-tampering fourteenth-amendment judicial-misconduct perjury prosecutorial-misconduct recusal Whether Petitioner's constitutional rights to due process under the Fourteenth Amendment to the United States Constitution were violated when Judge Sa…
18-8118 Alvin Davis, Jr. v. Louisiana Louisiana 2019-02-26 Denied Response WaivedRelisted (2)IFP batson-challenge batson-v-kentucky brady-v-maryland brady-violation criminal-procedure cross-examination due-process fair-trial fourteenth-amendment prosecutorial-misconduct second-amendment witness-tampering Was the Petitioner, Alvin Davis, Jr. denied a fair trial, by violations and conflict of state and federal law, Batson v Kentucky, Brady v Maryland, an…
18-8120 Jerry Lynn Lofton v. Mississippi Mississippi 2019-02-25 Denied Response WaivedIFP criminal-procedure criminal-trial defendant-rights due-process fifth-amendment jury-instruction jury-instructions prosecutorial-comment prosecutorial-misconduct right-to-silence self-incrimination testimonial-privilege Whether a prosecutor who this Court has held may not comment to a jury concerning a defendant's failure to testify in a criminal trial may submit his …
18-8087 Joseph Michael Kurz v. Louisiana Louisiana 2019-02-25 Denied Response WaivedIFP burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony Reasonable jurists would determine that the district court erred in allowing the State to prosecute Mr. Kurz for an allegations that the time limitati…
18-1103 Paul Ross Evans v. United States Fifth Circuit 2019-02-22 Denied Response WaivedRelisted (2) 28-usc-2255 certificate-of-appealability choice-of-counsel civil-rights due-process effective-assistance habeas-corpus ineffective-assistance judicial-review prosecutorial-misconduct right-to-counsel standing 1. Ina proceeding under 28 U.S.C. § 2255, whether the right to choice of counsel or effective assistance is violated when counsel is appointed to repr…
18-8033 Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-02-20 Denied Response WaivedIFP criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony ISSUE #1: THE IDENTIFICATION OF THE PETITIONER WAS UNREASONABLY SUGGESTIVE CAUSING PLAIN ERROR PP. 5-12 ISSUE 42: THERE WAS PLAIN ERROR WHEN THE PROS…
18-8022 Leonicio Arias Coreas v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-02-20 Denied Response WaivedRelisted (2)IFP actual-innocence criminal-procedure dna-evidence due-process fourteenth-amendment fraud ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment Did counsel fail to conduct a proper pre-trial investigation of the case, including discovery of the case, to discover that Commonwealth Attorney and …
18-8036 Edmund Boyle v. United States Second Circuit 2019-02-20 Denied Response WaivedIFP 28-usc-2255 brady-violation certificate-of-appealability due-process habeas-corpus judicial-review perjury prosecutorial-misconduct WHETHER A COURT OF APPEALS SHOULD REMAND A HABEAS ACTION WHERE THE LOWER COURT FAILS TO FULLY ADJUDICATE THE UNDERLYING HABEAS CLAIMS ON THE MERITS AN…
18-8014 Wyley Tomas Baird v. Tammy Foss, Acting Warden Ninth Circuit 2019-02-19 Denied IFP burden-of-proof civil-rights criminal-procedure due-process evidence federal-court ineffective-assistance-of-counsel judgment jury-instructions opinion petition prosecutorial-misconduct reasonable-doubt sexual-assault supreme-court writ-of-certiorari Was Petitioner denied a Constitutional due process of law and the right to be convicted only upon proof beyond a reasonable doubt in the absence of su…
18-8004 Henry Lee Craig v. Jody Bradley, Warden, et al. Fifth Circuit 2019-02-15 Denied IFP civil-rights due-process equal-protection judicial-misconduct judicial-oath prosecutorial-misconduct right-to-counsel right-to-fair-trial Did the trial court err - violate the petitioner Henry lee Crag # 26383 United States 14th Constitutional Amendment Equal Protection And Due Process t…
18-8001 William Fykes v. West Virginia West Virginia 2019-02-15 Denied IFP 14th-amendment constitutional-rights credibility criminal-procedure due-process intent jury-instructions post-arrest-silence prosecutorial-misconduct self-incrimination Whether Petitioner's rights under the due process of law of the US Constitution's XIV Amendment and W.Va. Constitution Art. III, §10, were violated wh…
18-7990 Demetrius Dwayne Brookins v. Florida Florida 2019-02-15 Denied IFP civil-procedure civil-rights collusion due-process false-evidence ineffective-assistance-of-counsel prosecutorial-misconduct subornation-of-perjury I cannot reliably extract the "Question(s) Presented" section from this document. While the OCR text contains what appear to be numbered questions (ma…
18-7969 Willie Ed Smith v. Mississippi Mississippi 2019-02-15 Denied Response WaivedIFP constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error WHETHER SMITH'S CONVICTION AND SENTENCE DERIVED FROM JUDICIAL MISCONDUCT? PETITIONER ANSWERS - YES. WHETHER SMITH'S CONVICTION AND SENTENCE DERIVED …
18-7975 William Krisstofer Wolf v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process evidentiary-hearing fifth-amendment ineffective-assistance ineffective-assistance-of-counsel perjury perjury-subornation prosecutorial-misconduct sixth-amendment Whether the Ninth Circuit's decision now conflicts with this courts long standing rulings on the known and willing. use of PERJURY of material fact, t…
18-7934 Seaun Llwellyn Farthing v. Dara Watson, Warden Fourth Circuit 2019-02-12 Denied Relisted (2)IFP criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony Under Jackson v. Virginia 443 U.S. 307 (U.S.Va.1979) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va…
18-7858 Arif Majid v. Jeff Noble, Warden Sixth Circuit 2019-02-08 Denied Response WaivedIFP burden-of-proof closing-argument constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct religious-prejudice trial-fairness Whether a prosecutor's appeals to religious prejudice in closing argument and throughout trial to inflame the passions of the jury embody animus or of…
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…
18-7786 Roy Shotwell v. Kevin Genovese, Warden Sixth Circuit 2019-02-06 Denied Response WaivedIFP 4th-amendment 5th-amendment civil-rights criminal-procedure critical-stage dna-analysis dna-evidence dna-testing due-process effective-assistance ineffective-assistance-of-counsel procedural-due-process prosecutorial-misconduct sixth-amendment standing warrantless-seizure Did The lower Courts abuse their discretion in denying Petitioner relief on the grounds that evidence was suppressed from his home and person be frivo…
18-7792 Anthony Donato v. United States Second Circuit 2019-02-06 Denied Response WaivedIFP aedpa aedpa-standard antiterrorism-and-effective-death-penalty-act brady-violation brady-violation-disclosure circuit-court-split constitutional-disclosure constitutional-due-process due-process federal-review habeas-corpus prosecutorial-misconduct second-circuit-decision second-or-successive successive-habeas-petition Whether The Second Circuit's Decision That Petitioner's Second-In Time Brady Claim Is Successive Conflicts With Applicable Decisions Of This Court? W…
18-7702 George Reese v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2019-02-01 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-violations due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct vouching Whether the state court or United States court of appeals has decided an important question of federal law that has not been, but should be, settled b…
18-7713 Darnell Grimsley v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-02-01 Denied Response WaivedRelisted (2)IFP ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-default prosecution-misconduct prosecutorial-misconduct sequestration sequestration-order sufficiency-of-evidence trial-testimony violation-of-sequestration-order Mr. Grimsley alleges that his trial counsel was ineffective for failing to have a face to face visit prior to his second trial, after receiving crucia…
18-7622 Kendrick Bernard Demus v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-30 Denied IFP accomplice-witness accomplice-witness-rule criminal-sentencing due-process equal-protection habeas-corpus prosecutorial-misconduct sentencing GROUND ONE When the State had Petitioner's codefendant testify against Petitioner and claim that the codefendant had received no promises of leniency…
18-7653 Lonzo Bonner v. Michigan Michigan 2019-01-29 Denied IFP brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct WHETHER PETITIONER WAS DEPRIVED OF HIS STATE AND FEDERAL CONSTITIONAL RIGHT TO A FAIR TRIAL AND DUE PROCESS OF LAW WHEN THE PROSECUTION DELIBERATELY W…
18-7594 James Randall Rogers v. Benjamin Ford, Warden Georgia 2019-01-28 Denied Relisted (3)IFP capital-cases civil-rights death-penalty equal-protection habeas-corpus jury-discrimination jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination racial-exclusion standing Does Lanier's systematic discrimination against African Americans violate Strauder v. West Virginia, 100 U.S. 303 (1880), Swain v. Alabama, 380 U.S. 2…
18-7564 Jovan Howard v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2019-01-24 Denied Relisted (2)IFP amended-information burglary-dwelling constitutional-rights criminal-procedure due-process habeas-corpus legal-remedy prosecutorial-misconduct unlawful-alteration unlawful-detention void-indictment 1.Whether Habeas Corpus was the proper remedy for the petitioner unlawfully detained against his will because the prosecution unlawfully altered an am…
18-7567 Ron Collins v. United States Seventh Circuit 2019-01-24 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines I. Whether the court of appeals erred in denying petitioner's application for a certificate of appealability to appeal the district court's denial of …
18-7527 David Phillip Wilson v. Alabama Alabama 2019-01-23 Denied IFP brady-evidence brady-v-maryland brady-violation co-defendant-statement criminal-procedure discovery due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel kaupp-v-texas probable-cause prosecutorial-misconduct wong-sun-v-united-states 1. Whether the prosecution's failure to provide Brady evidence is excused by trial counsel's lack of diligence in pursuing that evidence, and whether …
18-7512 Ronald Jackson v. Illinois Illinois 2019-01-22 Denied Response WaivedIFP civil-rights compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process evidentiary-ruling ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-fair-trial sixth-amendment state-court subjective-intent as Iweffective and to resolve dis agreements about the Spe cific Legal question D0 Attempt murder oN A Polide officer Carry A mandatory Ferearmerhanc…
18-7455 Josue Israel Sanchez v. California California 2019-01-17 Denied IFP burden-of-proof civil-rights criminal-procedure due-process fair-trial government-misconduct presumption-of-innocence prosecutorial-misconduct wrongful-conviction Is the Californa Leaal Systan allowed to tyranate Prosecution, Conviction. and the appeal of ar innocent mon. with imownity Because the vest of the go…
18-7461 In Re Brandon Lee 2019-01-16 Denied Relisted (2)IFP affirmative-proof civil-rights constitutional-law due-process federal-procedure grand-jury indictment judicial-review judicial-supervision legal-standing prosecutorial-misconduct WILL THE SUPREME COURT INVOKE ITS JUDICIAL SUPERVISORY POWER AS A BASIS TO PRESCRIBE STANDARDS OF PROSECUTORIAL CONDUCT BEFORE THE GRAND JURY IF AFFIR…
18-7406 Benjamin James Boatman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-01-14 Denied IFP criminal-procedure cumulative-error drug-induced-psychosis due-process heat-of-passion ineffective-assistance jury-instructions prosecutorial-misconduct right-to-counsel Mr. Boatman alleged that trial counsel was ineffective for failing to conduct, develop, and present readily available evidence of a drug-induced psych…
18-7395 Wilfred H. v. West Virginia West Virginia 2019-01-14 Denied Response WaivedIFP brady-materiality brady-v-maryland criminal-procedure discovery due-process evidence-suppression exculpatory-evidence materiality-standard prosecutorial-misconduct suppressed-evidence 1. Under Brady v. Maryland , 373 U.S. 83 (1963), does the materiality standard require that the suppressed evidence directly go to proving any count …
18-7380 Ricardo Glover v. Wisconsin Wisconsin 2019-01-11 Denied Response WaivedIFP constitutional-rights conviction criminal-procedure deprivation-of-liberty due-process jurisdiction jurisdictional-challenge liberty prosecutorial-misconduct subject-matter-jurisdiction united-states-constitution In 1879, the Honorable Justice Strong speaking for this Court in Ex pane Commonwealth of Virginia, 100 U.S. 339 (1879), stated that "when a prisoner i…
18-7329 Phillip Dale Selfa v. United States Ninth Circuit 2019-01-11 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights criminal-procedure criminal-prosecution double-jeopardy dual-sovereignty due-process federal-state-jurisdiction presumption-of-innocence prosecutorial-misconduct prosecutorial-vindictiveness Does the prophylactic presumption of prosecutorial vindictiveness (North Carolina v. Pearce, 395 U.S. 711 (1982)) apply when two different sovereigns …
18-7298 Nicole M. Moore v. Florida Florida 2019-01-10 Denied Response WaivedIFP brady-v-maryland civil-rights conviction criminal-procedure due-process false-testimony incarceration prison-sentence prosecutorial-misconduct state-action wrongful-conviction Whether the Due Process Clause excuses the State of Florida's use of false testimony in the procurement of a conviction and 13-year prison sentence wh…
18-7308 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-09 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony Question not identified.
18-7291 Dillon Wade Thompson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-08 Denied IFP constitutional-rights criminal-law criminal-procedure deliberation digital-cameras due-process evidence evidence-admissibility judicial-discretion jury jury-deliberations lewd-exhibition prosecutorial-misconduct trial Is it a violation of a defendant's Due Process rights if, while deliberating, the fact-finder viewed evidence that was not shown at trial, even if sai…
18-7272 Juan Pablo Arreola v. United States Second Circuit 2019-01-07 Denied Response WaivedIFP cocaine-trafficking criminal-procedure criminal-procedure-evidence due-process evidence evidence-admission indictment-scope jury-instructions prosecutorial-misconduct sentencing standards-of-review Whether evidence of uncharged cocain trafficking was, admitted erroneously because it was not inextricable intertwined with the charges in the indictm…
18-7267 Mashawn Greene v. Scott Semple, Commissioner, Connecticut Department of Correction Connecticut 2019-01-07 Denied Response WaivedIFP burden-of-proof constitutional-law constitutional-rights cooperating-witness criminal-trial criminal-trials due-process false-testimony government-witnesses prosecutor-duty prosecutorial-misconduct Whether the due process clause of the United States Constitution requires that prosecutors bear the burden of preventing and correcting false or misle…
18-7265 Rodney Scot Armstrong, Jr. v. Michigan Michigan 2019-01-07 Denied IFP civil-procedure closing-argument de-novo-review directed-verdict legal-preservation motion objection preservation-of-error preservation-of-issues prosecutorial-misconduct standard-of-review trial-procedure I. Is a motion for a directed verdict an objection that preserves an issue for and mandates de novo review? Petitioner answers, "Yes." Respondent has …
18-7229 Telisa De'Ann Blackman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-04 Denied Response WaivedIFP aedpa brady-claim brady-giglio-napue brady-rule burden-of-proof exculpatory-evidence federal-habeas federal-writ giglio-claim giglio-rule napue-claim napue-rule prosecutorial-misconduct successive-petitions Should a prisoner be substantively disadvantaged by having to meet a higher burden of proof on her Brady/Giglio/Napue claims because the prosecution h…
18-7224 Jose Alejandro Acuna Valenzuela v. Arizona Arizona 2019-01-03 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process fair-trial heightened-reliability impartial-jury juror-bias jury-selection motion-to-vacate prosecutorial-misconduct I. Whether the trial court violated Mr. Acuna's constitutional rights to a fair and impartial jury, to due process, to heightened reliability, and to …
18-818 Hubert Thompson v. James C. Rovella, Chief of Police, City of Hartford, Connecticut, et al. Second Circuit 2018-12-27 Denied Response Waived civil-procedure civil-rights compensation due-process equitable-tolling prosecutorial-discretion prosecutorial-misconduct statutory-interpretation wrongful-incarceration Whether the statutory requirement that the petitioner show his criminal case was dismissed based on innocence or grounds consistent with innocence as …
18-7172 Tomas Marco Keen v. Washington Washington 2018-12-27 Denied IFP brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct 1. Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations? 2. Do…
18-7189 George Leslie Manlove v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP constitutional-rights credibility due-process fact-finding fair-trial jury-role leading-questions prosecutorial-misconduct right-to-jury witness-credibility WAS PETITIONER DENIED HIS CONSTITUTIONAL RIGHTS, INCLUDING HIS RIGHT TO A FAIR TRIAL, BECAUSE THE PROSECUTOR'S CALCULATED, SUSTAINED, AND IMPROPER USE…
18-7150 Daniel Hostetler v. Kentucky Kentucky 2018-12-20 Denied Response WaivedIFP brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression (1) Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later …
18-7100 Brian Simmons v. Michael Capra, Superintendent, Sing Sing Correctional Facility Second Circuit 2018-12-20 Denied Response WaivedIFP civil-rights constitutional-rights due-process fair-trial fraud-on-the-court ineffective-assistance ineffective-assistance-of-counsel judicial-review perjured-testimony perjury prosecutorial-misconduct Whether, petitioner's justification defense was lost amoungest the volume of prosecutors use of false or perjured testimonies that went uncorrected. …
18-7121 Donald Higgs, aka Kyle Beachum v. New Jersey New Jersey 2018-12-19 Denied Response WaivedIFP civil-rights constitutional-rights due-process grand-jury habeas-corpus prosecutorial-misconduct standing statutory-elements was states failure to subpoena victim to grand jury for first hand knowledge,but relied on known fabricated police reports and testimony of officer im…
18-7087 Daniel Lopez v. United States Tenth Circuit 2018-12-18 Denied Response WaivedIFP circuit-court-conflict circuit-court-split circuit-split criminal-procedure due-process judicial-review plain-error plea-agreement prosecutorial-misconduct Whether the District Court committed plain error by allowing the prosecutor to commit prosecutorial misconduct by breaching the plea agreement. The Te…
18-7081 Marlon Dantruce Williams v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-18 Denied IFP certificate-of-appealability constitutional-claims due-process false-testimony giglio giglio-v-united-states habeas-corpus habeas-corpus-review prosecutorial-misconduct slack-v-mcdaniel standing summary-judgment 1. Whether Slack v. McDaniel, 529 U.S. 473 (2000), requires a court of appeals to issue a certificate of appealability to a prisoner to challenge a di…
18-7074 Gennaro Mattiaccio v. United States Fourth Circuit 2018-12-18 Denied Response WaivedIFP civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence 1. The convictions on Count two must be vacated because the evidence at trial was insufficient to establish guilt and also conflicts with the law of o…
18-772 Erasmo Aviles, Jr. v. United States Fifth Circuit 2018-12-18 Denied compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence exculpatory-testimony government-interests immunity prosecutorial-misconduct self-incrimination witness-immunity Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government's int…
18-765 James H. Brady v. New York, et al. New York 2018-12-17 Denied Response Waived civil-procedure civil-rights discretionary-action due-process fifth-amendment fourteenth-amendment immunity legal-fees obstruction-of-justice property-rights prosecutorial-immunity prosecutorial-misconduct quid-pro-quo sanctions standing takings As the New York State Attorney General and Manhattan District Attorney were not acting as advocates for the people when they permitted Petitioner's co…
18-7069 John Ludovici v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2018-12-17 Denied IFP 14th-amendment brady-violation constitutional-violation criminal-procedure discovery due-process material-evidence misconduct prosecutorial-misconduct 1. DID THE COMMONWEALTH COMMIT PROSECUTORIAL MISCONDUCT WHEN IT INTENTIONALLY WITHELD VARIOUS FORMS OF MATERIAL EVIDENCE IN VIOLATION OF THE 14TH AMEN…
18-7038 William Owens v. Texas Texas 2018-12-14 Denied Response RequestedResponse WaivedRelisted (2)IFP brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence material-evidence police-report prosecutorial-misconduct victim-credibility Whether the State's Witholdin of a police report that entailed a detective and a trial wittness thought the victim was confused and getting sexual ass…
18-757 Teddy Chuang v. California California 2018-12-13 Denied Response WaivedRelisted (2) brady-v-maryland brady-violation brady-vs-maryland california-penal-code-141 constitutional-mandate due-process evidence-concealment exculpatory-evidence penal-code-violation prosecutable prosecutorial-misconduct trombetta trombetta-standard trombetta-v-california Whether a case is prosecutable under California v. Trombetta, 467 U.S. 479 (1984) when the District Attorney commits a felony in violation of Californ…
18-6964 Henry L. Wallace v. United States District of Columbia 2018-12-07 Denied Response WaivedIFP civil-rights criminal-procedure criminal-procedure-defects double-jeopardy due-process indictment-amendment ineffective-assistance ineffective-assistance-of-counsel jurisdiction jurisdictional-defect jury-instruction jury-instructions prosecutorial-misconduct standing 1.) Whether a jurisdiction defective indictment can he procedurally or time bar adjudication after twenty years if it violate these Supreme Court Full…
18-6960 Craig Mack v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-07 Denied IFP civil-procedure civil-rights due-process free-speech standing takings civil-rights constitutional-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct sentencing Question not identified.
18-6910 Elseddig Elmarioud Musa v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence I. Whether The District Court Improperly Denied Musa's Rule 29 Motion Because The Government Did Not Properly Present The Case To The Jury And Left Ma…
18-6894 David Crosby v. United States Ninth Circuit 2018-12-03 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process evidence improper-vouching judicial-precedent legal-standard prosecutorial-misconduct WHETHER THE NINTH CIRCUIT'S HOLDING CONFLICTS WITH THE SEVENTH CIRCUIT'S AND THIS COURT'S PRECEDENT AS IT CONCERNS IMPROPER VOUCHING.
18-6861 John Wilborn v. Kelly Ryan, Warden First Circuit 2018-11-28 Denied Response WaivedIFP actual-innocence actual-innocence-claim certificate-of-appealability constitutional-violation constitutional-violations due-process evidence-tampering evidence-withholding probable-cause probable-cause-transcript prosecutorial-misconduct Where John Wilborn made an actual innocence claim, did the Commonwealth violate John Wilborn's rights by withholding the probable cause transcript fro…
18-674 Jedidiah Isaac Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-23 Denied brady-violation criminal-procedure-error cross-examination due-process expert-witness habeas-corpus ineffective-assistance-of-counsel materiality materiality-standard presumption-of-correctness prosecutorial-misconduct psychological-evaluation standard-of-review 1. Whether the court of appeals erred in requiring that an expert witness, instead of trial counsel, correct the false impression that the prosecutor …
18-669 Shane M. Gates v. Walter Reed, et al. Fifth Circuit 2018-11-21 Denied Response Waived civil-rights conflict-of-interest criminal-procedure criminal-prosecution due-process hobbs-act insurance-interference malicious-prosecution prosecutorial-misconduct substantive-due-process 1. Whether the Court of Appeals erred by failing to recognize that a District Attorney, who in his private law practice represented, and received hund…
18-6742 Albert Uriah Mathis v. North Carolina North Carolina 2018-11-20 Denied Response WaivedIFP 14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? Can a fair trial be had when a deadline of 5pm the same day is pla…
18-6727 John C. Stojetz v. Tim Shoop, Warden Sixth Circuit 2018-11-19 Denied IFP brady-violation capital-punishment due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel medical-records mitigation prosecutorial-misconduct ptsd racial-bias I. Has the Constitutional right to due process of law been violated where a prosecutor withholds prison medical records that substantiate a capital de…
18-6720 Joseph Witchard v. Bryan M. Antonelli, Warden Fourth Circuit 2018-11-16 Denied Response WaivedIFP civil-rights civil-rights-violations criminal-procedure due-process false-charges judicial-notice prosecutorial-misconduct standing THE U.S. DISTRICT COURT IN GREENVILLE, SOUTH CAROLINA AND THE U.S. FOURTH CIRCUIT COURT OF APPEALS ARE DENYING PETITIONER EFFECTIVE ACCESS TO THE COUR…
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced …
18-6666 Oscar Sosa v. United States Fifth Circuit 2018-11-14 Denied Response WaivedIFP confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility 1. Isa federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator, when linked to and used agai…
18-6654 In Re Gary Ray Debolt 2018-11-13 Denied Relisted (2)IFP brady-v-maryland civil-rights conviction criminal-procedure due-process evidence fifth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct Is it in violation of the fifth Amendment and Brady v. Maryland to convict a person with the use of false and manipulated evidence? Is it in violatio…
18-6641 Antonio Fahie v. Neil McDowell, Warden Ninth Circuit 2018-11-08 Denied IFP criminal-procedure due-process evidentiary-sufficiency ineffective-assistance-of-counsel plea-bargaining plea-withdrawal-motion prosecutorial-misconduct rape-charges right-to-counsel sentencing Why did'nt the judge let he take. back my plea,When my counsel told the court the i never admitted to any of the (RAPE) charges. When i found out tha…
18-6639 Stuart Dizak v. Brandon Smith, Superintendent, Mid-State Correctional Facility Second Circuit 2018-11-08 Denied Response WaivedIFP actual-innocence conspiracy-charge criminal-procedure due-process ineffective-assistance-of-counsel jailhouse-informant judicial-misconduct jury-instructions jury-notes perjured-testimony perjury prosecutorial-misconduct The 5tate court failed to return defendant to the courtroom upon receipt of two substantive jury notes; the second note requestiing the definition of …
18-6636 James Edward Griffin v. Eric Arnold, Warden Ninth Circuit 2018-11-08 Denied IFP due-process evidence evidence-admission fair-trial fourteenth-amendment gang jury-instructions misconduct motorcycle-gang prosecutorial-misconduct 1.Was appellant deprived of a fair trial and due process of law under the Fourteenth Amendment to the United States Constitution when the trial court …
18-6624 Farris Genner Morris v. Tennessee Tennessee 2018-11-08 Denied IFP batson-challenge-review batson-v-kentucky collateral-review due-process equal-protection jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination Where the trial prosecutor's rationale for striking the lone black juror applied "just as well" to two white jurors, Foster v. Chatman, 136 S. Ct. 173…
18-6620 Joe Louis Armenta v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2018-11-08 Denied Response WaivedIFP 28-usc-2254 aedpa deck-v-jenkins fourteenth-amendment habeas-corpus habeas-proceedings jury-instructions procedural-default prosecutorial-misconduct standard-of-review (1) Do prior decisions of this Court compel the conclusion that so long as the jury is properly admonished and instructed, there cannot be a viable cl…
18-6610 Mark Johnson v. Illinois Illinois 2018-11-08 Denied Response WaivedIFP actual-innocence actual-perpetrator coerced-confession constitutional-rights criminal-procedure due-process exclusion-of-evidence fair-trial ineffective-assistance-of-counsel newly-discovered-evidence post-conviction-relief prosecutorial-misconduct selective-prosecution successive-petition Question not identified.
18-6588 Lesley Eugene Warren v. Edward Thomas, Warden Fourth Circuit 2018-11-06 Denied IFP capital-punishment character-evidence circuit-split civil-rights death-penalty due-process future-dangerousness parole parole-ineligibility prosecutorial-misconduct sentencing sentencing-procedure simmons-v-south-carolina Is it an unreasonable application of Simmons v. South Carolina for a State court to deny a parole ineligibility instruction where the prosecution repe…
18-6576 Susan Kevra-Shiner v. United States Third Circuit 2018-11-06 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame…
18-6558 Anthony James Merrick v. Arizona Arizona 2018-11-02 Denied IFP appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure 1. Mr. Merrick alleged he was denied his constitutioncl right to testify in his trial in both the guilt and aggrauation phases. In the guilt phase, Mr…
18-6560 Wendell Weaver v. Walter Nicholson, Warden Seventh Circuit 2018-11-02 Denied Response WaivedIFP counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states Does Wheat v. United States, 486 U.S. 153 (1988) clearly establish that trial courts must consider reasonable alternatives before disqualifying a crim…
18-6546 Alexander Castellano-Benitez v. United States Eighth Circuit 2018-11-01 Denied Response WaivedIFP brady-v-maryland criminal-procedure due-process eighth-circuit evidence exculpatory-evidence Judicial-Precedent precedent Procedural-Review prosecutorial-misconduct Writ-of-Certiorari Should a writ of certiorari be granted to determine if the Eight Circuit and the lower court erred in failing to follow this court's prior precedent i…
18-6524 Brian Thomas, aka O'Brian A. Thomas, aka Thomas A. O'Brian v. United States Fifth Circuit 2018-10-31 Denied Response WaivedIFP appellate-standard berger-standard berger-v-united-states berger-v-us due-process fair-trial fifth-circuit harmless-error judicial-review jury-bias jury-misconduct procedural-violation prosecutorial-misconduct standard-of-review WHETHER THE FIFTH CIRCUIT COURTS VIOLATED BERGER V !JS AFTER IT CONCEDED THAT THE VIOLATIONS HAD OCCURED BUT DECIDING THAT IT WAS "IMPLAUSIBLE THAT IT…
18-6475 Lewis Wright v. Pennsylvania Pennsylvania 2018-10-29 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure cross-examination cross-examination-rights due-process evidence-disclosure fourteenth-amendment parole perjury prosecutorial-misconduct sixth-amendment witness-bias WHETHER THE COURT OF COMMON PLEAS ERRED IN LIMITING MR. STEEN ABILITY TO ESTABLISH WITNESS JOSEPH FARLEY'S BIAS WHERE MR. STEIN WAS PREVENTED FROM INQ…
18-6462 Juan Carlos Mendez v. California California 2018-10-26 Denied Response WaivedIFP criminal-procedure cross-examination due-process fifth-amendment fourteenth-amendment prosecutorial-misconduct sixth-amendment In a child molestation case, the defendant took the stand and denied that any abuse had occurred. The prosecutor then cross-examined him at length reg…
18-6428 Roberto Gonzalez Delacruz v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-25 Denied IFP brady-violation certificate-of-appealability due-process due-process,habeas,materiality,scientific-evidence fifth-amendment fifth-circuit-review habeas habeas-corpus habeas-corpus-review materiality materiality-of-evidence materiality-standard prosecutorial-misconduct standard-of-review supreme-court-precedent At Petitioner's murder trial, the State's only fact witness testified the victim was shot once at one location and his body moved and dumped at anothe…
18-538 Wendy A. Nora v. Wisconsin Office of Lawyer Regulation Wisconsin 2018-10-24 Denied Response WaivedRelisted (2) due-process due-process-clause exculpatory-evidence fair-hearing first-amendment fourteenth-amendment lawyer-discipline petition-for-redress petition-rights procedural-due-process prosecutorial-misconduct Whether a lawyer can be disciplined based on evidence known by the state to be false and when the state suppresses exculpatory evidence. Whether the …
18-6419 William L. Whipple v. Florida Department of Corrections Eleventh Circuit 2018-10-24 Denied IFP actual-innocence brady-violation civil-rights dna-testing due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct skinner-v-switzer Question not identified.
18-492 David Souza v. California California 2018-10-17 Denied Response Waived berger-standard berger-v-united-states constitutional-rights due-process false-testimony fourteenth-amendment napue-v-illinois napue-violation preliminary-hearing pretrial-proceedings prosecutorial-misconduct Does it violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution, the holding in Berger v. United States, 295 U.S.…
18-6353 Michael Joseph Bien v. Texas Texas 2018-10-17 Denied Response WaivedIFP constitutional-interpretation constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process legal-precedent prosecutor-misconduct prosecutorial-misconduct supreme-court supreme-court-jurisprudence supreme-court-precedent texas-court-of-criminal-appeals Whether a prosecutor who violates the Double Jeopardy Clause should have exclusive power to determine which of his unconstitutionally obtained convict…
18-6316 Willie Gene Wilks, Jr. v. Ohio Ohio 2018-10-15 Denied IFP burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error 1. Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceed…
18-6275 Ricardo Lupian-Barajas v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-11 Denied Response WaivedIFP certificate-of-appealability due-process eleventh-circuit federal-rules-of-appellate-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings prosecutorial-misconduct sixth-amendment strickland strickland-standard I. DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DEPART FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS WHEN IT FAILED…
18-6283 Brent Douglas Cole v. United States Ninth Circuit 2018-10-10 Denied Response WaivedIFP constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual r…
18-6261 Ilich Vargas, aka Ilich Ernesto Vargas Romero v. John McMahon Ninth Circuit 2018-10-09 Denied Relisted (2)IFP civil-rights constitutional-rights due-process evidentiary-hearing habeas-corpus judicial-discretion judicial-misconduct pro-se pro-se-petition procedural-due-process prosecutorial-misconduct standing 1. WHETHER A DISTRICT COURT MAGISTRATE ACTS IN EXCESS OF HER DISCRETION AND OUTSIDE THE BOUNDS OF REASON DURING THE INITIAL SCREENING OF THE PLEADING …
18-6260 Jaime Traverso v. Maryland Maryland 2018-10-09 Denied Response WaivedIFP abuse-of-discretion constitutional-law constitutional-review criminal-procedure due-process evidence-withholding full-faith-and-credit full-faith-credit-clause judicial-discretion law-of-case perjury prosecutorial-misconduct standing withheld-evidence DID THE MARYLAND COURT ABUSED ITSI DISCRETION BY REFUSING ESTABLISHED BY THE TESTIMONY OF A CONVICTED PERJURER, WITHHELD FROM M THE DEFENSE AND TO REV…
18-6251 Lonnie James Pebley v. Colorado Colorado 2018-10-09 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court I. WHETHER THE STATE TRIAL COURT AND APPELLATE COURT ERRONEOUSLY DETERMINED THAT THE FEDERAL DOUBLE JEOPARDY PROTECTION BARRING REPROSECUTION AS A RES…
18-6214 Ricardo Rene Sanders v. Ron Davis, Warden Ninth Circuit 2018-10-04 Denied Amici (1)IFP brady-violation brady-violations california-habeas cullen-v-pinholster death-row eighth-amendment evidentiary-hearing federal-habeas habeas-corpus materiality materiality-test ninth-circuit prima-facie-case prosecutorial-misconduct 1. Whether this Court should clarify that under Harrington v. Richter, 562 U.S. 86, 98 (2011), when the federal habeas courts evaluate the summary den…
18-6190 Simone Swenson v. United States Fifth Circuit 2018-10-03 Denied Response WaivedIFP berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers 1. Did the Fifth Circuit enter a decision in conflict with Brecht v. Abrahamson, 507 U.S. 619, 638 n.9 (1993), by reviewing the district court's order…
18-6168 Soon Young Kim v. California California 2018-10-03 Denied Relisted (2)IFP civil-procedure civil-rights criminal-procedure due-process judicial-misconduct prosecutorial-misconduct standing If You will be clear at below mention by my petition of 39 pages, what would You do against such jurists, tremendous crimes as the National matter!? …
18-410 Corey D. Yates v. United States District of Columbia 2018-10-02 Denied brady-doctrine brady-v-maryland brady-violation criminal-procedure disclosure due-process evidence-suppression federal-state-courts-split materiality preserving-brady-doctrine prosecutorial-disclosure prosecutorial-misconduct reasonable-diligence suppressed-evidence Whether, to establish a violation of Brady v. Maryland, 373 U.S. 83 (1963), a defendant must show that he did not know of the evidence suppressed by t…
18-6182 Randolph Moore v. Nevada, et al. Nevada 2018-10-02 Denied IFP brady-v-maryland capital-murder capital-punishment crucial-evidence due-process fair-trial habeas-corpus outcome-of-trial prosecutorial-misconduct withheld-evidence witness-tampering While prosecuting Randolph Moore for capital murder, the prosecutors in this case relied heavily on testimony from Angela Saldana —the only State witn…
18-6094 Edgar Leopoldo Garcia-Martinez v. United States Tenth Circuit 2018-09-25 Denied Response WaivedIFP brady-disclosure brady-v-maryland confidential-informant dea discovery drug-conspiracy due-process expert-testimony false-swearing irs prosecutorial-misconduct ssa Under Brady v. Maryland, is the prosecution and the DEA required to supply information concerning the failure to report income to the IRS and the SSA …
18-372 Ryan Joe Coddington v. Nevada Nevada 2018-09-21 Denied Response Waived 6th-amendment constitutional-rights due-process fair-trial impartial-tribunal judicial-bias judicial-ethics judicial-impartiality prosecutor-conflict prosecutorial-conflict prosecutorial-misconduct recusal Is a criminal defendant's constitutional right to a fair trial before a fair and impartial tribunal denied when the tribunal is linked by marriage to …
18-369 Fidencio Valdez v. Texas Texas 2018-09-20 Denied circumstantial-evidence constitutional-due-process criminal-procedure due-process false-evidence false-testimony perjury prosecutorial-misconduct tacit-agreement timely-objection trier-of-fact void-for-vagueness witness-testimony 1. When a defendant knows or should know that a prosecutor has used or introduced false or perjured evidence before the trier-of-fact, is there an obl…
18-357 Dragomir Taskov v. United States Ninth Circuit 2018-09-19 Denied Response Waived actual-innocence constitutional-rights due-process due-process,ineffective-assistance,innocence,prose habeas-corpus ineffective-assistance ineffective-counsel prosecutorial-misconduct section-2255 statute-of-limitations timeliness Whether Petitioner's substantive claim of innocence and all the violations of his constitutional rights are barred simply as untimely and because of t…
18-6038 Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-19 Denied Relisted (2)IFP 14th-amendment criminal-procedure double-jeopardy due-process jurisdiction nolle-prosequi prosecutorial-misconduct speedy-trial statute-of-limitations Whether the prosecution (State of Florida) after Petitioner has been arrested in Dade County, Florida "Miami" and charged with two counts of First-Deg…
18-6023 Lamar Atu Blackwell v. Matthew Hansen, Warden, et al. Tenth Circuit 2018-09-18 Denied Response WaivedIFP 28-usc-2254 due-process fourteenth-amendment habeas-corpus postconviction-procedure postconviction-review prosecutorial-misconduct strickland-standard strickland-v-washington swarthout-v-cooke unreasonable-application webb-v-texas Whether this Court's opinion in Webb v Texas, 409 U.S. 95, 93 S. Ct. 351, 34 L. Ed. 2d 330 (1972) applies to prosecutors as well as judges; Whether t…
18-6012 Lucious Wilson v. J. Soto, Warden Ninth Circuit 2018-09-18 Denied Response WaivedIFP aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct Is the Ninth Circuit's denial of a certificate of appealability ("COA") on the claim that Wilson's conviction is unconstitutional because the prosecut…
18-343 Raiden J. Andrews v. United States Armed Forces 2018-09-18 Denied Response Waived appellate-review chapman-v-california constitutional-error constitutional-provision-involved constitutional-rights due-process fifth-amendment harmless-error harmless-error-standard military-justice military-justice-system prosecutorial-misconduct Whether the lower court erred in failing to apply the harmless error standard to the prosecution's improper arguments.
18-5933 Mary Wilkerson v. United States Eleventh Circuit 2018-09-11 Denied Response WaivedRelisted (2)IFP brady-doctrine brady-v-maryland due-process exculpatory-evidence federal-rules-of-evidence juror-dishonesty juror-misconduct kyles-v-whitley materiality post-trial-evidence prosecutorial-misconduct rule-of-evidence 1. Whether, under Brady v. Maryland, 373 U.S. 83 (1963) and Kyles v. Whitley 514 U.S. 419 (1995) the Courts may consider information that arises after…
18-5905 Cortez Moore v. Illinois Illinois 2018-09-06 Denied Response WaivedIFP criminal-procedure due-process fair-trial judicial-bias officer-testimony opening-argument prosecutorial-misconduct sixth-amendment testifying-officers witness-credibility Whether the State of Illinois deprived Cortez Moore of a fair trial where during opening argument it repeatedly characterized the testifying officers …
18-287 Ron Neal, Superintendent, Indiana State Prison v. Frederick Michael Baer Seventh Circuit 2018-09-05 Denied Relisted (3) antiterrorism-act antiterrorism-and-effective-death-penalty-act deferential-review habeas-corpus habeas-relief indiana-supreme-court ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct strickland-standard strickland-v-washington Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned …
18-269 Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General Ninth Circuit 2018-09-04 Denied attorney-client-privilege attorney-work-product civil-rights confidential-communication confidentiality criminal-procedure due-process federal-inmates prison-litigation-reform-act prosecutorial-misconduct sixth-amendment work-product-doctrine 1. Resolving a conflict within federal courts, arethe Sixth Amendment rights of federal inmates and detainees to the assistance of counsel violated wh…
18-5807 Peter R. Rubens v. Darrel Vannoy, Warden Fifth Circuit 2018-08-29 Denied IFP brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually off…
18-5804 Abdoulaye Diallo v. United States Third Circuit 2018-08-28 Denied Response WaivedIFP criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence I.- Whether the District Court failed where did not granted his motion for acquittal because the Government failed to produce sufficient evidence to s…
18-5779 Ray Cobia v. Ohio, et al. Sixth Circuit 2018-08-27 Denied Response WaivedIFP 2004-conviction 2012-conviction civil-rights criminal-procedure due-process equal-protection prosecutorial-misconduct sentencing &s ,~/ /%J dP wX 7d- 1) 4on 6)/ d1b 11 YO 9 Zo /3 C on Yld;&'. e4ad zct 17d a ate 40-a' So i&U O W pacscd apeg6o Co n o "ck on 6L M ('5 Co rl 66t…
18-240 Kirk Tang Yuk v. United States Second Circuit 2018-08-24 Denied Response Waived co-conspirator-testimony criminal-procedure criminal-venue due-process government-overreach jurisdiction prosecutorial-discretion prosecutorial-misconduct sixth-amendment telephone-call-evidence venue venue-manipulation witness-location Whether a prosecutor can manufacture venue in a particular district solely by bringing a cooperating witness to a favored district and having the witn…
18-5766 Jian-yun Dong, aka John Dong v. United States Fourth Circuit 2018-08-24 Denied Response WaivedIFP appellate-court-standard campaign-contribution campaign-contribution-violation campaign-finance civilian-affairs civilian-law-enforcement domestic-security-act jurisdiction-removal military-jurisdiction posse-comitatus-act prosecutorial-misconduct third-amendment Briefly, an Agent of Defense Criminal Investigation Service of the Inspector General's Office of the Department of Defense obtained the search and sei…
18-5751 William Burke v. Georgia Georgia 2018-08-24 Denied Response WaivedIFP adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? In this instance, the State adjusted the charges, and by ex…
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5723 Larry J. Kushner v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2018-08-23 Denied IFP complex-case constitutional-rights due-process equal-protection federal-precedents judicial-review prosecutorial-delay prosecutorial-misconduct speedy-trial Did the State of New Jersey violate the defendants constitutional right to a speedy trial by its delay of 16 months from arrest to indictment? Did th…
18-5649 Charles Richardson v. Jason Kent, Warden Fifth Circuit 2018-08-20 Denied IFP criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto? Did the Fi…
18-5628 John Richard Tacquard v. Arizona Arizona 2018-08-17 Denied Relisted (2)IFP civil-rights compulsory-process due-process equal-protection evidentiary-standards post-conviction post-conviction-proceedings prosecutorial-misconduct supreme-court-precedent 2. Did Arizona State Reviewing Courts refuse to determine trial court's intentional Plain Error abuses of discretion to be perjurous ruling proved by …
18-5639 Daniel Castleman, aka Chingachgook v. United States Eleventh Circuit 2018-08-17 Denied Response WaivedIFP best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct DID THE GOVERNMENT COMMIT PROSECUTORIAL MISCONDUCT AND WAS COUNSEL INEFFECTIVE FOR FAILING TO OBJECT OR MOVE TO EXCLUDE GX-DC-2, WHEN THE GOVERNMENT P…
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence? Was the Petitioner…
18-5615 Joel Chavira-Nunez v. United States Tenth Circuit 2018-08-16 Denied Response WaivedIFP 18-usc-3553 18-usc-3582 appellate-review brady-v-maryland brady-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct sentencing sentencing-modification tenth-circuit-review Reasonable Jurist would find it debatable Whether the District Court Erred When it Ignored Undisputed Facts Establishing that The Prosecution Violated…
18-5609 Michael Alexander LaJeunesse v. Iowa Iowa 2018-08-16 Denied Response WaivedIFP appeals civil-procedure civil-rights criminal-procedure due-process evidence medical-records prosecutorial-misconduct shower-curtain (1) Why did't J. Mc Donald acknowledge both exihibit t ," Brenda 17 and 18 in his Opinion? My Appelate Defender: I bohr speifically elaberated aout ho…
18-199 Ken Liang v. United States Ninth Circuit 2018-08-15 Denied Response Waived civil-rights constitutional-rights criminal-procedure doj-investigation due-process government-misconduct jury-trial jury-trial-waiver material-witness obstruction-of-justice prosecutorial-discretion prosecutorial-misconduct reverse-sting Is it an Obstruction of Justice, when an individual obstructs an oppressive DOJ investigation, when, the alleged crime to be investigated was not a cr…
18-5562 Albert Norman Pierre, Sr. v. Darrel Vannoy, Warden Fifth Circuit 2018-08-14 Denied IFP circuit-court-split circuit-split constitutional-rights due-process fair-trial innocence perjured-testimony prosecutorial-knowledge prosecutorial-misconduct recantation victim-recantation Whether petitioner, who maintains his innocence, was denied due process and a fundamentally fair trial base on victim's false testimony and post-trial…
18-5563 Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-13 Denied IFP closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order Before the trial, Petitioner's trial counsel filed a motion in limine, which was granted by the trial court. By adoption, the court ordered that, if t…
18-5570 Ilich Vargas v. Superior Court of California, San Bernardino County California 2018-08-13 Denied IFP civil-rights conflict-of-interest criminal-informants due-process evidence-suppression exculpatory-evidence fair-trial prosecutorial-misconduct sixth-amendment (4) District attorneys/prosecutors have a free standing obligation to investigate and inquire into backgrounds of criminal jailhouse informants, inclu…
18-5542 Stephen Mayer v. United States Eleventh Circuit 2018-08-10 Denied Response WaivedIFP appellate-review civil-procedure criminal-procedure due-process forfeiture fraud judicial-procedure law-of-the-case prosecutorial-fraud prosecutorial-misconduct remand vacatur Whether when, an Appellate court vacates a forfeiture order on direct appeal 'having found only partial of the District Court's trial order was valid …
18-5514 Robert Allen Wilkins v. Virginia Fourth Circuit 2018-08-08 Denied IFP civil-procedure counsel due-process evidence sanctions standing due-process fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment The Circuit Court arrod tuopuapp uoym Procseing b4 Wilkns was wearing his untform whon apow 9y Jail Counsdlor for the a tinly obrection 6etoro /011 do…
18-5472 In Re Alan James Hedrick 2018-08-07 Denied IFP 28-usc-2254 actual-innocence constitutional-claims habeas-corpus mcquiggin-v-perkins miranda-rights prosecutorial-misconduct successive-petition successive-petitions time-bar time-barred Whether McQuiggin v. Perkins, 569 U.S. 383 (2013), permits a state court prisoner to rely on "actual innocence" as a gateway to pursue constitutional …
18-5453 Mark Elliott v. Carmen Denise Palmer, Warden Sixth Circuit 2018-08-06 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment QUESTION I: In Brady v. Maryland, this Court announced that it violates due process when the prosecution fails to dis close material information fav…
18-160 Charles G. Kinney v. United States Court of Appeals for the Ninth Circuit Ninth Circuit 2018-08-06 Denied Response Waived abuse-of-discretion civil-rights civil-rights-violation civil-rights-violations due-process first-amendment hobbs-act honest-services judicial-discretion pre-filing-order prosecutorial-acts prosecutorial-misconduct Did this Ninth Circuit panel abuse its discretion when acting as prosecutors of Kinney by issuing a global pre-filing review order only 22 days after …
18-154 Roderic Rooks v. Shawn Brewer, Warden Sixth Circuit 2018-08-03 Denied Response Waived certificate-of-appealability due-process effective-assistance-of-counsel fair-trial fifth-amendment franks-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-available-evidence pretrial-motion prosecutorial-misconduct I. WHETHER THIS COURT SHOULD GRANT CERTIORARI BECAUSE THE UNITED STATES DISTRICT COURT JUDGE ERRED IN DENYING A CERTIFICATE OF APPEALABILITY TO PERMIT…
18-5433 Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-08-01 Denied Response WaivedIFP closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial 1. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETIT…
18-144 Keith Byron Baranski v. United States Eighth Circuit 2018-07-31 Denied Response Waived appellate-standard brady-giglio coram-nobis due-process materiality prosecutorial-misconduct prosecutorial-suppression second-or-successive-motions second-successive-motions sentencing-reduction suppressed-evidence suppression-of-evidence witness-credibility After being released from custody following a conspiracy conviction, Keith Baranski challenged his conviction by filing a petition for writ of error c…
18-140 In Re Cliven Bundy 2018-07-31 Denied Response Waived attorney-admission civil-procedure civil-rights district-court due-process free-speech judicial-error legal-admission mootness ninth-circuit pro-hac-vice prosecutorial-misconduct sanctions standing Did the Ninth Circuit err in failing to vacate the erroneous denial of Mr. Larry Klayman's ("Mr. Klayman") admission pro hac vice in the U.S. District…
18-5395 Wayne Clyde Mezzles v. John N. Katavich, Warden Ninth Circuit 2018-07-30 Denied IFP criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court Before trial, the court ruled that defense expert Robert Owen could testify about Mezzles's PTSD but not about his capacity to form the specific inten…
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant WHETHER: THE DISTRICT COURT SHOULD HAVE SUPPRESSED ALL OF THE FRUITS OF THE POISONOUS TREE BASED UPON THE FOUND TO BE CORRUPTED OFFICIALS AND THE ILLE…
18-5347 Marquis D. Costic v. Illinois Illinois 2018-07-25 Denied IFP confrontation-clause constitutional-rights credibility cross-examination fifth-amendment jailhouse-informant jury-instructions prosecution-witness prosecutorial-misconduct sixth-amendment witness-disclosure Was my Sixth Amendment U.s. Constitutional Right, under the Confrontation Clause vilated when the prasecution kept interruping during crass examinatio…
18-5338 DeLawrence A. King v. Ronald Erdos, Warden Sixth Circuit 2018-07-25 Denied IFP certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate Of Appealability after previously ruling in his favor, by stating t…
18-5337 Shawn Johnson v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-07-25 Denied IFP actual-innocence brady-violations certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-concession prosecutorial-misconduct recantation recanted-testimony self-defense witness-recantation Shawn Johnson was arrested inmg, in self-defense for shoot in grz jjYj a, k4 wccu#'$ He has credible evidence that he is actually innocent of this cri…
18-5316 Susan Wells Vaughan v. Jennifer Vaughan, et al. North Carolina 2018-07-23 Denied Response WaivedRelisted (2)IFP absolute-immunity child-neglect child-neglect-cases-recusal due-process ex-parte ex-parte-initiations judicial-recusal prosecutorial-misconduct subject-matter-jurisdiction troxel-v-granville Whether a judge who regularly participates in unlawful ex parte initiations of child neglect cases should recuse herself from hearing a challenge to t…
18-5252 Ricky Lee Earp v. Ron Davis, Warden Ninth Circuit 2018-07-17 Denied IFP credibility-of-prosecution discovery discovery-rights dna-testing due-process federal-court-proceedings federal-habeas habeas-corpus prosecutorial-misconduct spoliation-of-evidence 1. When, if ever, can a petitioner be denied the discovery necessary to learn the circumstances of counsel for respondent's spoliation of potentially …
18-5225 Junaidu Saljan Savage, aka James Kamara v. United States Fourth Circuit 2018-07-12 Denied Response WaivedIFP brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process federal-courts-of-appeal in-camera-review pennsylvania-v-ritchie precedent prosecutorial-evidence prosecutorial-misconduct ritchie standing Whether, under Pennsylvania U. Ritchie, 480 U.S. 39 (1987), defendants requesting in camera review for potential required disclosures in accordance wi…
18-5195 Steven Anthony Alvarez v. M. Eliot Spearman, Warden Ninth Circuit 2018-07-10 Denied Response WaivedIFP 14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness 1. WHETHER PETITIONER WAS DENIED DUE PROCESS OF LAW, WHEN PROSECUTOR MISSTATED LAW, MISSTATED TESTIMONY, AND MISSTATED EVIDENCE TO THE JURY? 2. WHETH…
18-5148 Marcus Blalock v. Ohio Ohio 2018-07-06 Denied Response WaivedIFP actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE TRIAL COURT FAILED TO FOLLOW THE LAW OF THE CASE DOCTRINE FROM A PREVIOUS APPE…
18-5152 Rodney Howard v. United States Third Circuit 2018-07-06 Denied Response WaivedIFP batson-challenge batson-v-kentucky criminal-procedure equal-protection jury-selection peremptory-challenges peremptory-strikes prima-facie prima-facie-case prosecutorial-misconduct racial-discrimination 1. Does a black defendant make a prima facie showing of discriminatory use of peremptory strikes under Batson's first step when he demonstrates that t…
18-5125 Kenneth Lee Foster v. United States Fourth Circuit 2018-07-05 Denied Response WaivedIFP 28-usc-2255 civil-procedure due-process fair-trial federal-rules federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel judicial-review legal-remedy procedural-error prosecutorial-misconduct rule-60(b) Whether Petitioner was deprived of a fair opportunity to seek relief through 28 U.S.C. § 2255 and whether Rule 60(b) of the Federal Rules of Civil Pro…
18-5128 In Re Gigi Fairchild-Littlefield 2018-07-05 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process due-process,fair-trial,false-evidence,directed-ver equal-protection fair-trial false-evidence judicial-misconduct jury-verdict prosecutorial-misconduct trial-manipulation Is the deliberate manufacturing of false evidence and manipulation of trial transcripts, and court documents, including the jury verdicts, to support …
18-5086 Brian Keith Uzzle v. Lesley Fleming, Warden Fourth Circuit 2018-07-02 Denied Response WaivedIFP criminal-procedure custody custody-status double-jeopardy due-process nolle-prosequi nolle-prosequy prosecutorial-discretion prosecutorial-misconduct re-indictment reindictment speedy-trial 1. Whether a state Court may benefit, gaming Ane advantage of a ceskact On ne Speedy Trial clock (ice indefinitely Post porin 9 prosecuticni, over Man…
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE EVIDENCE IN THE RECORD PLAINLY SHOWS IN ENGLISH THAT …
18-5007 David Lemoe Tua v. California California 2018-07-02 Denied Response WaivedIFP criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance Whether the state court's refusal to sever Petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola…
18-5 Dennis Riley v. Ohio Washington 2018-07-02 Denied Response Waived brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct 1. Whether the court of appeals erroneously ruled that a defendant is not entitled to impeachment or exculpatory evidence if he pleads guilty at any s…
18-5057 James T. Bagby v. William Hyatte, Warden Seventh Circuit 2018-06-29 Denied Response WaivedRelisted (2)IFP 7th-circuit-court 7th-circuit-court-of-appeals certificate-of-appealability civil-rights constitutional-rights due-process equitable-tolling habeas-corpus ineffective-assistance post-conviction-relief prosecutorial-misconduct timeliness Did the United States 7th Circuit Court of Appeals err in denying a certificate of appealability without specifically addressing any of Bagbys' claims…
18-5053 Andres A. Lopez-Martinez v. United States Eleventh Circuit 2018-06-29 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error Whether it is time to revisit the harmless error standard when a defendant is deprived of his constitutional right to present a defense.
18-5035 Sandra Grazzini-Rucki v. Minnesota Minnesota 2018-06-29 Denied IFP civil-procedure coerced-testimony constitutional-law defense-evidence due-process false-statements jurisdiction prosecutorial-misconduct restitution standing statutory-interpretation Question not identified.
18-5020 In Re Lewis Brown 2018-06-28 Dismissed Response WaivedRelisted (2)IFP constitutional-violation due-process harmless-error judicial-bias judicial-impartiality judicial-recusal prosecutorial-misconduct recusal standard-of-review structural-error Is an individual, who is named an adverse party opponent, allowed to sit as a Judge over the very proceeding in which he is named a defendant, or is h…
18-5015 Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure A. Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure rule when the highest…
25A494 Tremane Wood v. Oklahoma Oklahoma Denied brady-violation capital-murder due-process prosecutorial-misconduct trial-fairness witness-cooperation Whether the prosecution's concealment of a cooperation agreement promising a 35-year sentence to the key witness against petitioner, combined with fal…
24A286 Marcellus S. Williams v. David Vandergriff, Warden Eighth Circuit Denied batson-violation equal-protection jury-selection peremptory-strike prosecutorial-misconduct racial-discrimination Whether the trial prosecutor's use of a peremptory strike against a Black venireperson based on the prosecutor's stated belief that the venireperson l…
18A1346 Marion Wilson, Jr. v. Benjamin Ford, Warden Georgia Presumed Complete capital-punishment clemency death-penalty eighth-amendment execution-stay prosecutorial-misconduct Question not identified.