punishment

21 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6354 Osric Tyrone Daise v. United States Fourth Circuit 2025-12-12 Denied Response WaivedIFP criminal-procedure plain-error punishment revocation sentencing supervised-release Whether the district court committed plain error in revoking Mr. Daise's supervised release pursuant to 18 U.S.C. § 3583(e) when the court's expressed…
25-5168 John E. Jackson v. United States Third Circuit 2025-07-22 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure double-jeopardy due-process punishment sentencing John Jackson fully completed his sentence while the government's second appeal was still pending. He argued at the third and fourth sentencings that t…
24-395 William Edward Neilly v. Michigan Michigan 2024-10-09 GVR Response RequestedRelisted (8) constitutional-law criminal-sentencing ex-post-facto legal-interpretation punishment restitution Whether restitution ordered as part of a criminal sentence is punishment for purposes of the Ex Post Facto Clause.
23-7714 Derek Gerrish v. United States First Circuit 2024-06-13 Denied Response WaivedIFP bail bail-conditions circuit-split constitutional-rights due-process fourth-amendment individualized-suspicion law-enforcement-searches punishment search-and-seizure Does a bail condition that allows searches by law enforcement officers without probable cause or reasonable suspicion qualify as punishment for purpos…
23-5753 Ben J. Latham v. Alaska Alaska 2023-10-11 Denied Response WaivedRelisted (2)IFP civil-rights due-process ex-post-facto fourteenth-amendment punishment punitive-law retroactivity right-to-counsel sentencing sixth-amendment 1. Is AS 12 72 020CK BMA) Punitive EV Pest forp, 2. IS AS 12 72 626(W@ Punitive E¥ Post Lavy Prok- bi ted Stylo te 2. Wes Lottan dened of the Swovin…
22-5994 Kevin Leon Lucien v. Texas Texas 2022-11-04 Denied IFP criminal-procedure duty-to-investigate ineffective-assistance ineffective-assistance-of-counsel mental-health mitigating-evidence punishment standard-of-review trial-counsel voluntary-intoxication 1. Was trial counsel ineffective for failing to investigate and present evidence of voluntary intoxication as mitigating evidence at punishment? 2. W…
21-1401 John Doe v. Colonel Gary T. Settle, Superintendent, Virginia Department of State Police Fourth Circuit 2022-05-02 Denied Response Waived 8th-amendment civil-rights constitutional-law criminal-procedure due-process eighth-amendment punishment punishment-analysis sex-offender-registry smith-v-doe state-restrictions Whether a state sex offender registry that imposes restrictions on individuals beyond mere registration with state or local law enforcement constitute…
20-7902 John Laponte v. California California 2021-04-30 Denied IFP constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing Is petitioner entitled to enforce the terms of his plea agreement; 1 . Is indefinite incarceration constitutional; 2 . What constitutes excessive pu…
20-5941 Charles Victor Thompson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-10-07 Denied Relisted (5)IFP 28-U.S.C-2254(e)(2) aedpa-deference capital-punishment constitutional-claim federal-habeas habeas-corpus Massiah-claims punishment Sixth-Amendment state-court-review Williams-v-Taylor I. Did the circuit court err in holding that a federal habeas court may never hold a hearing on a punishment issue without first considering 28 U.S.C.…
20-5491 M. C. v. Indiana Indiana 2020-08-25 Denied Response WaivedIFP constitutional-rights criminal-sentencing cruel-and-unusual-punishment delinquent-acts due-process eighth-amendment imprisonment juvenile-detention juvenile-justice punishment 1. Is a child imprisoned for delinquent acts "punished" within the meaning of the Eighth Amendment?
20-5122 Maximo Flores-Lezama v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP 18-usc-3583(e) criminal-conduct criminal-punishment due-process precedents punishment revocation sentencing statutory-interpretation supervised-release Whether a supervised release revocation sentence may be imposed to punish a defendant for his underlying criminal conduct, or whether a punitive revoc…
19-8258 Denver Maxwell Goree, Jr. v. Michigan Parole Board Sixth Circuit 2020-04-15 Denied Response WaivedIFP commutation constitutional-rights due-process equal-protection ex-post-facto parole parole-board punishment Whether Petitioner's parole process was unconstitutional where (1) the Michigan Parole Board failed to proceed with a recommendation for commutation i…
19-7843 Tony Buck v. United States Fifth Circuit 2020-03-02 Denied Response WaivedIFP bureau-of-prisons constitutional-law constitutional-rights conviction criminal-conviction criminal-procedure double-jeopardy due-process federal-jurisdiction judicial-review punishment punishment-clause sentencing Whether the Judgment of Conviction should be vacated as a violation of the Double Jeopardy Clause because the Judgment punishes Mr. Buck for the exact…
19-7801 James Benjamin Barstad v. Washington Department of Corrections, et al. Ninth Circuit 2020-02-27 Denied Response WaivedIFP arbitrary-and-capricious civil-rights constitutional-violation contract contract-breach due-process equal-protection inmate-rights punishment sandin-v-conner state-sanctions 1) When STATE OF WASHINGTON repeatedly imposes sanctions back-to-back, i.e. , when 'temporary" restrictions become perpetual through various schemes,…
19-7049 In Re Antwoyn Spencer 2019-12-23 Denied Response WaivedIFP appellate-review civil-procedure civil-rights constitutional-claim criminal-law criminal-procedure due-process federal-jurisdiction habeas-corpus ineffective-assistance personal-liberty pro-se-petition punishment standing strickland-standard undue-delay 1. Whether Appellant is being deprived of his civil right of personal liberty against law contrary to the Constitution and Laws of the United States.
19-6721 Christopher Ray Parrish v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6552 Darrell Tykwan Atkinson v. United States Fourth Circuit 2019-11-07 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6269 Eduardo Romero Martinez v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-5558 Frank Stephon Johnson v. Correct Care Solutions, et al. Fourth Circuit 2019-08-12 Denied Response WaivedIFP 14th-amendment 8th-amendment civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference due-process eighth-amendment medical-care medical-conditions punishment was the defendonts conduct de\ therately ,Pucposely Knowing nd cbjecluely yu intera' in Respect to Vv ialating Johnson rcHottonal Vio S Fourteen 1 Ame…
18-542 John E. Hamilton v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-10-25 Denied Response Waived charging criminal-procedure defendant-standing due-process extradition extradition-treaty international-law punishment rule-of-specialty sentencing standing treaty treaty-interpretation Under our extradition treaty with Poland, Agreement between the United States of America and the Republic of Poland on the Application of the Extradit…
18-39 Jason Lee Boyd v. Washington Washington 2018-07-06 Denied Response RequestedResponse WaivedRelisted (3) civil-rights constitutional-rights criminal-convictions criminal-registration due-process ex-post-facto in-person-appearance offender-registration punishment punitive-law registration-statutes retroactive-application retroactivity statutory-interpretation Whether the requirement of frequent, in-person reporting renders an offender-registration law punitive, such that applying the law retroactively viola…