| 23-6151 |
Urbano Torres-Giles v. United States |
Ninth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
circuit-split clearly-erroneous-facts criminal-procedure criminal-sentencing due-process fact-finding reliability reliability-standard sentencing-context sentencing-guidelines |
This Court's precedent precludes the use of clearly erroneous facts to influence a criminal defendant's sentence. Here, the district court assumed the… |
| 22-7828 |
John C. Russell v. Patrick Covello, Warden |
Ninth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
dna-evidence due-process evidence-admissibility generally-accepted novel-methodology pre-trial-hearing reliability scientific-methodology scientific-reliability |
1. DNA evidence play ed a central role in this 44 y ear-old murder case in two way s: the presence
of a "match" between petitioner's profile and the m… |
| 22-6731 |
Lamon Demetrus Wright v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release |
What manner of hearsay should be considered "reliable" when federal courts decide whether the government has established "good cause" to deny confront… |
| 22-6491 |
Eric Romero-Lobato v. United States |
Ninth Circuit |
2023-01-09 |
Denied |
Response WaivedIFP |
constitutional-error due-process eyewitness-identification gatekeeping gatekeeping-function harmless-error law-enforcement reliability reliability-standard suggestive-identification |
Due process prohibits any "suggestive and unnecessary identification procedure" that does not possess "sufficient aspects of reliability." Manson v. B… |
| 21-1247 |
Karina Rafter v. Virginia |
Virginia |
2022-03-15 |
Denied |
Response Waived |
bias confrontation-clause out-of-court-statements reliability sixth-amendment state-of-mind-exception unreliability |
Does the admission of out-of-court statements of a decedent, offered under the state-of-mind exception, violate the Confrontation Clause of the Sixth … |
| 21-7309 |
Jaime Calderon, aka Jaime Arredonde, aka Jaime Rene Calderon v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
civil-rights daubert-standard due-process evidence expert-testimony gatekeeping-function judicial-reliability kumho-tire law-enforcement law-enforcement-experts reliability |
Whether district courts, serving as Daubert/Kumho Tire gatekeepers, have a duty to assess the reliability of law enforcement officers testifying as ex… |
| 21-6823 |
Richard M. Arnold v. Reed A. Richardson, Warden |
Seventh Circuit |
2022-01-12 |
Denied |
Response WaivedIFP |
actual-innocence credibility federal-petition habeas-corpus reasonable-juror recantation reliability schlup-standard standard-of-review |
Whether, when assessing a claim of actual innocence, the district court must determine as a matter of fact whether the new evidence is credible and re… |
| 21-6635 |
Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2021-12-16 |
Denied |
IFP |
confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony |
Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor suffered from… |
| 21-6125 |
Roberto Griego Jimenez v. Texas |
Texas |
2021-10-29 |
Denied |
IFP |
corroboration credibility criminal-informant fourth-amendment law-enforcement magistrate-warrant probable-cause quid-pro-quo reliability |
1. Did the trial court and Texas Court of Appeals err in their Fourth Amendment analysis, when they found that a first-time criminal snitch informant,… |
| 20-6928 |
Timothy Ivey v. United States |
Fifth Circuit |
2021-01-25 |
Denied |
Response WaivedIFP |
credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release |
(1) Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to re… |
| 20-5224 |
Kenneth Clark v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
actual-innocence aedpa circuit-split evidence federal-review habeas habeas-corpus judicial-standard reliability statute-of-limitations |
A state prisoner seeking federal habeas review can overcome a failure to comply with the AEDPA's 1-year statute of limitations by establishing actual … |
| 19-8208 |
Jerald Harris v. Richard Jennings, Warden |
Eighth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process identification identification-evidence police-misconduct reliability reliability-standard suggestive-circumstances |
When a witness in a criminal case identifies a suspect out-of-court, under suggestive circumstances which give rise to a substantial likelihood of lat… |
| 19-6502 |
Cory Dale Fields v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
IFP |
criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct |
Is alleged prior uncharged conduct that had been no-billed by a Grand
Jury sufficiently reliable for a federal district court to consider at sentencin… |
| 19-5123 |
Richard Parrish v. United States |
Sixth Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidentiary-support gall-v-united-states judicial-discretion legal-reliability reliability sentencing townsend-v-burke united-states-v-tucker united-states-v-watts |
Sentences based on unreliable information violate Due Process, see United States v. Tucker, 404 U.S. 443, 447 (1972); Townsend v. Burke, 334 U.S. 736,… |
| 18-8524 |
Tony Kalumba Tshiansi v. United States |
Fifth Circuit |
2019-03-22 |
Denied |
IFP |
criminal-procedure due-process factual-claims judicial-discretion objection presentence-report presumption-of-reliability reliability sentencing unjust-incarceration |
Whether the factual claims of a Presentence Report are presumed reliable in the face of objection? |
| 18-7799 |
Joel Stephen Cutulle v. United States |
Ninth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-rights democratic-society due-process fair-hearing integrity judicial-integrity judicial-review legal-protection reliability standing territorial-jurisdiction |
What due process protection is afforded a citizen within the territorial boundaries of the United States who brings a claim before a court of law seek… |
| 18-6258 |
Steven Lazar v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aedpa aedpa-standard confession confession-voluntariness criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel merits-adjudication reliability standard-of-review third-circuit-review voluntariness |
Did not the Pennsylvania state courts and the Third Circuit Court of Appeals convolute the difference between a confession's voluntariness and its rel… |
| 18-333 |
Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission |
District of Columbia |
2018-09-14 |
Denied |
Amici (1) |
administrative-law discretion federal-energy-regulatory-commission ferc-discretion filed-rate-doctrine market-based-rate polar-vortex reliability retroactive-ratemaking |
Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy … |
| 18-5546 |
Billie Wayne Coble v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-10 |
Denied |
IFP |
capital-case capital-sentencing constitutional-rights daubert daubert-standard due-process eighth-amendment expert-testimony future-dangerousness reliability |
1. Have the United States Court of Appeals for the Fifth Circuit and the Texas Court of Criminal Appeals improperly applied Barefoot v. Estelle to cat… |
| 18-117 |
Brian Grimm v. Maryland |
Maryland |
2018-07-27 |
Denied |
Response Waived |
appellate-review constitutional-law dog-sniff fourth-amendment probable-cause reliability search-and-seizure standard-of-review |
1. When a defendant challenges the reliability of a
dog's reported alert to the possible presence of drugs in
a vehicle, in accordance with Florida v.… |
| 18-5349 |
Tyron Young v. United States |
Eighth Circuit |
2018-07-25 |
Denied |
Response WaivedIFP |
confrontation-clause confrontation-right cross-examination due-process government-informant hearsay out-of-court-allegations reliability sentencing sentencing-hearing sixth-amendment unsworn-testimony |
I. Whether the Sixth Amendment right to confront and cross-examine adverse witnesses applies at a sentencing hearing where the court bases the sentenc… |
| 18-5255 |
Jerome Gibson v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
brady-claim brady-v-maryland credibility de-novo-review due-process evidence-suppression investigation kyles-standard kyles-v-whitley materiality materiality-test police-investigation reliability suppressed-evidence witness-credibility |
In de novo review of a Brady claim, where the Commonwealth suppressed evidence of inducements provided to its witnesses, may a court find the suppress… |
| 18-5143 |
Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al. |
Third Circuit |
2018-07-05 |
Denied |
IFP |
admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility |
QUESTION ONE:
IS AN IN COURT IDENTIFICATION OF THE DEFENDANT AS THE
ROBBER -ADMISSIBLE AT TRIAL IN THE ABSENCE OF A DUE
PROCESS HEARING -TO FIRST D… |