| 23-5042 |
Daniel Robinson v. United States |
Third Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
conspiracy constructive-amendment criminal-procedure due-process federal-rule-of-evidence fifth-amendment grand-jury law-enforcement-testimony opinion-evidence prosecutorial-overreach |
1. Whether this Court's guidance on constructive amendments in conspiracy cases is necessary to protect criminal defendants' Fifth Amendment rights.
… |
| 21-273 |
Buck Gene Brune v. United States |
Fifth Circuit |
2021-08-25 |
Denied |
|
circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing |
Under the Fifth Amendment's Double Jeopardy Clause, upon a defendant's plea of guilty, does jeopardy attach:
a. when the district court accepts the d… |
| 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… |