| 24-5640 |
Mark Watkins v. New York |
New York |
2024-09-26 |
Denied |
Response WaivedIFP |
deficient-performance ineffective-assistance prejudice-analysis reasonable-probability strickland-standard trial-counsel |
To establish that trial counsel was ineffective due to a single error, must the defendant establish that the error satisfies Strickland v. Washington'… |
| 24A171 |
Mark Watkins v. New York |
New York |
2024-08-13 |
Presumed Complete |
|
criminal-procedure cross-racial-identification due-process ineffective-assistance reasonable-probability strickland-standard |
Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a single unreasonable error that raises a reasonable probability of a different outcome … |
| 23-7771 |
Stephen Lundquist v. Idaho |
Idaho |
2024-06-21 |
Denied |
Response WaivedRelisted (2)IFP |
brady-v-maryland brady-violation criminal-intent due-process duress evidence evidence-standard judicial-procedure post-conviction-relief reasonable-probability state-court |
1. Is the Idaho state court in violation of the rule in Brady v. Maryland by changing
the evidence, contrary to uncontroverted evidence, in dismissing… |
| 23-6224 |
Terry Daum v. Joseph Corey, Superintendent, Auburn Correctional Facility |
Second Circuit |
2023-12-11 |
Denied |
Response WaivedIFP |
28-usc-2244 appellate-procedure brady-v-maryland certificate-of-appealability clear-and-convincing-evidence federal-statute gatekeeping-standard habeas-corpus reasonable-probability sawyer-v-whitley |
He * i/-e pr& (oa b r it h y Lj //. f/)c,r-Lj hand 1 evidence"0<ZS re a. <S on a es fa hi is fed in for#. d, " dear and under cj°35 fan dar dt Confihc… |
| 22-7267 |
Lloyd Leslie Kindred v. T. Cisneros, Warden |
Ninth Circuit |
2023-04-13 |
Denied |
IFP |
6th-amendment constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process effective-assistance-of-counsel ineffective-assistance interest-of-justice outcome-determination prejudicial-error reasonable-probability sixth-amendment |
Brawnds(f), tas J deated the 6TH mend ment oF Heo VU, Lornctidubion: Ke oarebing Lown sed s Pray Mianee. Wa ad teas onobhy et&ti ve"and Hrat Here /5 a… |
| 22-6192 |
Dennis Dean Neff v. United States |
Tenth Circuit |
2022-12-01 |
Denied |
Response WaivedIFP |
appellate-review different-outcome judicial-discretion jury-instruction jury-instruction-error plain-error prejudice reasonable-probability trial trial-procedure unpreserved-claims |
In unpreserved claims of jury instruction error, what must an appellant show to demonstrate a "reasonable probability" of a different outcome at trial… |
| 22-5662 |
Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-09-22 |
Denied |
IFP |
constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial |
In an ineffective assistance of counsel claim alleging probation misadvice, to what degree (if any) should the possibility of a conviction have on the… |
| 21-7456 |
Robert Earl Rowles v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-03-25 |
Denied |
IFP |
criminal-procedure effective-assistance-of-counsel evidentiary-hearing florida-law ineffective-assistance outcome-of-proceeding post-conviction reasonable-probability right-to-counsel sixth-amendment strategic-decision |
Whether a Petitioner who is serving a life sentence without the possibility of parole is denied his constitutional rights to counsel where counsel's r… |
| 21-7178 |
Amadeo Valls v. Florida |
Florida |
2022-02-23 |
Denied |
IFP |
constitutional-intolerance double-jeopardy due-process federalized-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-appellate-courts state-courts summary-orders systemic-inattentiveness |
I. WHETHER SUMMARY ORDERS REJECTING FEDERALIZED CLAIMS
HAVE BECOME CONSTITUTIONALLY INTOLERABLE POST-AEDPA
BECAUSE STATE CONVICTIONS ARE NOW UPHELD … |
| 21-6727 |
Zane Dickinson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2021-12-23 |
Denied |
Response WaivedIFP |
deficient-performance direct-appeal habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel legal-preservation prejudice prejudice-standard reasonable-probability trial-counsel |
Whether a federal habeas petitioner whose trial counsel performed deficiently by failing to preserve a meritorious issue for appeal satisfies the prej… |
| 20-1440 |
David Abram Anaya v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-04-15 |
Denied |
Response Waived |
civil-rights constitutional-rights counsel-deficiency due-process habeas-corpus ineffective-assistance plea-bargaining prejudice prejudice-standard reasonable-probability |
Whether this Court's decisions clearly establish that a defendant can show he was prejudiced by his counsel's deficient performance causing him to rej… |
| 20-7709 |
Alvin Henry v. United States |
Third Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland due-process effective-assistance-of-counsel giglio-disclosure giglio-v-united-states prejudice-standard reasonable-probability third-circuit trial-counsel trial-procedure |
Whether the Third Circuit's focus on trial counsel's effective use of Brady/Giglio material at trial is consistent with this Court's uniform precedent… |
| 20-7239 |
Hung Linh Hoang v. Raymond Madden, Warden |
Ninth Circuit |
2021-02-24 |
Denied |
IFP |
certificate-of-appealability constitutional-claim due-process habeas habeas-corpus ineffective-assistance-of-counsel ninth-circuit reasonable-probability standard-of-review |
Is the Ninth Circuit's denial of a COA on Hoang's ineffective assistance of counsel claim contrary to this Court's jurisprudence? |
| 20-978 |
Poppi Metaxas v. United States |
Second Circuit |
2021-01-22 |
Denied |
Response WaivedRelisted (2) |
certificate-of-appealability constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining reasonable-probability trial |
1. Whether the petitioner was denied effective assistance of counsel with respect to the plea process by counsel's failure to discuss with and inform … |
| 20-5358 |
David Fuentes v. United States |
Fifth Circuit |
2020-08-14 |
Denied |
Response WaivedIFP |
case-remand criminal-procedure davis-precedent davis-v-united-states habeas-corpus judicial-reconsideration legal-standard reasonable-probability reconsideration standard-of-review supreme-court-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 20-5223 |
Jorge Madrid-Uriarte v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-review legal-standard precedent reasonable-probability reconsideration remand sentencing standard-of-review |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 20-5088 |
Francisco Javier Ponce-Mares v. United States |
Fifth Circuit |
2020-07-16 |
Denied |
Response WaivedIFP |
court-below different-result holguin-hernandez Holguin-Hernandez-v-United-States lower-court-decision reasonable-probability reconsider-decision reconsideration sentencing supreme-court-precedent |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8911 |
Lee Montez Thompson v. United States |
Fifth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
certiorari criminal-procedure davis-v-united-states district-court due-process habeas-corpus plain-error pleading-defendant reasonable-probability rehaif-v-united-states sentencing |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 19-8743 |
Jeremiah Lee Guerra v. United States |
Fifth Circuit |
2020-06-18 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-instruction legal-review precedent reasonable-probability reconsideration remand sentencing standard-of-review |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-8670 |
Rosalio Ramos Tapia v. United States |
Fifth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
case-precedent court-decision criminal-procedure harmless-error judicial-review legal-standard precedent reasonable-probability reconsideration remand sentencing standard-of-review |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 19-8658 |
Garian King v. United States |
Fifth Circuit |
2020-06-10 |
Denied |
Response WaivedIFP |
__U.S.__ 140 S.Ct. 762 (2020). court-reconsideration criminal-procedure harmless-error holguin-hernandez judicial-review lower-court-decision precedent reasonable-probability reconsideration remand sentencing standard-of-review supreme-court-precedent |
I. Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light… |
| 19-8066 |
Silvestre Lara-Cervantes v. United States |
Fifth Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
case-remand criminal-procedure harmless-error holguin-hernandez judicial-review precedent reasonable-probability reconsideration remand sentencing standard-of-review supreme-court-precedent |
Whether there is a reasonable probability of a different result in the event that the court below is instructed to reconsider the decision in light of… |
| 19-7501 |
Steven Livaditis v. Ron Davis, Warden |
Ninth Circuit |
2020-02-03 |
Denied |
IFP |
28-usc-2254 abusive-conduct constitutional-claim federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-illness mental-impairments mitigating-evidence penalty-phase reasonable-probability |
(1) Was the state court's summary denial of Petitioner's claims, alleging defense counsel's failure to present any penalty phase evidence of (i) Petit… |
| 19-7223 |
Erik Bilal Khan v. United States |
Tenth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
arraignment counsel-duty criminal-procedure criminal-procedure-ineffective-assistance-counsel ineffective-assistance lesser-crimes plea-bargaining prejudice prejudice-standard reasonable-probability right-to-counsel |
Does the right of a defendant to the effective assistance of counsel at every critical stage of a criminal proceeding, including arraignment, encompas… |
| 19-336 |
Keith Chester Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-12 |
Denied |
Response Waived |
capital-sentencing discretionary-sentencing fifth-circuit glover-v-united-states habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis reasonable-probability sentencing strickland-standard strickland-v-washington |
Whether the court of appeals erred in holding that, to demonstrate that counsel was ineffective at a state, non-capital, discretionary sentencing proc… |
| 19-5847 |
Dennis White v. Ohio |
Ohio |
2019-09-06 |
Denied |
Response WaivedIFP |
6th-amendment due-process fourteenth-amendment hospital-records ineffective-assistance ineffective-assistance-of-counsel material-evidence pre-indictment-delay reasonable-probability sixth-amendment strickland-standard strickland-v-washington |
Was the State Appellate court decision contrary to, or involved an unreasonable application of, clearly established federal law, Strickland v. Washing… |
| 19-5836 |
Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-05 |
Denied |
IFP |
appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy |
Question not identified. |
| 19-147 |
Michael Baraka Mason v. Daniel Paramo, Warden |
Ninth Circuit |
2019-08-01 |
Denied |
|
certificate-of-appealability federalism-and-comity habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-based-standard merits-standard plainly-meritless procedural-complexity reasonable-probability reasonable-probability-of-different-outcome rhines-stay |
I.
Whether a habeas petitioner who seeks a Rhines
stay to exhaust a claim of ineffective assistance of
counsel must establish a "reasonable probabilit… |
| 18-9695 |
Robert A. Wagner v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process effective-representation expert-testimony eyewitness-identification habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell reasonable-probability trial-outcome |
Whether the Ninth Circuit's ruling denying a certificate of
appealability conflicts with the "debatable" standard from Miller-El u.
Cockrell, 537 U.S.… |
| 18-1499 |
Umesh Kaushal v. Indiana |
Indiana |
2019-05-31 |
Denied |
Response WaivedRelisted (2) |
due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment |
1. When a resident alien pleads guilty to a crime,
while ignorant of the immigration consequences, then
discovers those consequences and demands a tri… |
| 18-1197 |
Deanna Brookhart, Acting Warden v. Anthony D. Lee, Sr. |
Seventh Circuit |
2019-03-14 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
2254-standard 28-usc-2254 affidavit-evidence evidentiary-hearing federal-habeas-review federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-court-determination state-postconviction-review |
Respondent claimed on state postconviction review that his counsel was ineffective for failing to investigate and call five witnesses at his state-cou… |
| 18-8378 |
Garron T. Briggs v. United States |
Eighth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington |
Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-7075 |
Patrick Martinez v. Texas |
Texas |
2018-12-18 |
Denied |
IFP |
criminal-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper parole parole-eligibility plea-bargaining reasonable-probability sixth-amendment |
Texas courts found no ineffective assistance of counsel in this criminal case where the Petitioner, Sergeant Patrick Martinez, rejected a pretrial ple… |
| 18-6556 |
David McAlister, Sr. v. Wisconsin |
Wisconsin |
2018-11-02 |
Denied |
Response WaivedIFP |
circuit-court credibility credibility-of-witness criminal-procedure cumulative-evidence due-process exculpatory-evidence legal-standard newly-discovered-evidence reasonable-probability recantation state-witness witness-credibility |
Did the circuit court erroneously violate petitioner's right to due process when it applied an incorrect legal standard to newly discovered evidence?
… |