| 23-5977 |
Sean Overstreet v. United States |
Second Circuit |
2023-11-09 |
Denied |
Response WaivedIFP |
constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver |
May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are … |
| 22-5462 |
Wilbur Irick v. New York |
New York |
2022-08-29 |
Denied |
Response WaivedIFP |
courtroom-removal criminal-proceedings defendant-rights disruptive-conduct due-process fair-administration-of-justice illinois-v-allen right-to-be-present |
Under the "explicit" holding of Illinois v. Allen, 397 U.S. 337, 343 (1970), does a court violate the defendant's right to be present during criminal … |
| 21-1273 |
Frank D. Lazzerini v. Ohio |
Ohio |
2022-03-21 |
Denied |
Response Waived |
constitutional-rights criminal-defendant criminal-procedure due-process harmless-error right-to-be-present structural-error trial-proceedings voir-dire |
Over objection that it violated his constitutional right to be present at all critical stages of his trial on two hundred seventy-two felony charges, … |
| 21-7189 |
Deimeyon Xavier Allen v. Vance Laughlin, Warden |
Georgia |
2022-02-24 |
Denied |
Response WaivedIFP |
appeal certificate-of-probable-cause due-process effective-assistance-of-counsel right-to-be-present subpoena |
Is the Petitioner afforded due process when filing his Application For Certificate Of Probable Cause?
Is the Georgia Supreme Court required to ensure… |
| 21-306 |
Troy Seales v. California |
California |
2021-08-31 |
Denied |
|
counsel-rights criminal-procedure due-process ex-parte-hearing ineffective-assistance right-to-be-present right-to-counsel trial-fairness |
1. Did the Supreme Court err in failing to rule that the exclusion of
Petitioner and his counsel from an ex parte hearing violated
Petitioner's rights… |
| 21-5427 |
Kushawn Miles-El v. Connie Horton, Warden |
Michigan |
2021-08-23 |
Denied |
Response WaivedIFP |
6th-amendment capital-case civil-rights competency competency-hearing due-process fourteenth-amendment right-to-be-present right-to-counsel sixth-amendment |
I. WHETHER THE STATE COURT HAS DENIED PETITIONER KUSHAWN MILES-EL ANY RIGHT, PRIVILEGE OR IMMUNITY GUARANTEED HIM BY THE CONSTITUTION AND LAWS OF THE … |
| 20-1660 |
In Re Garvester Bracken |
|
2021-05-28 |
Denied |
|
article-iii criminal-procedure criminal-proceedings due-process habeas-corpus judicial-procedure jurisdiction probable-cause right-to-be-present right-to-counsel trial-jurisdiction |
DID THE TRIAL COURT HAVE JURISDICTION TO PROCEED AND ENTER JUDGMENT AS A MATTER OF LAW?
WHETHER THE TRIAL COURT HAD POSSESSED JURIDICTION IN ABSENCE … |
| 20-6893 |
Patrick Wallace v. United States |
Seventh Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment appellate-review certificate-of-appealability district-court due-process federal-court habeas-corpus recusal right-to-be-present section-2255 |
The United States District Court for the Central District
of Ilinois and the Seventh Circuit Court should have
issued a COA to review the denials of t… |
| 20-5468 |
Corey Manning v. Michigan |
Michigan |
2020-08-24 |
Denied |
IFP |
competency-hearing competency-to-stand-trial constitutional-rights criminal-procedure critical-stages due-process fair-trial judicial-procedure right-to-be-present supreme-court-precedent trial-presence |
1.) WHETHER DEFENDANT-APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO BE PRESENT AT ALL CRITICAL STAGES OF TRIAL WHERE HE WAS INTENTIONALLY NOT SUMMO… |
| 19-7911 |
Thomas William Cornelius, Jr. v. United States |
Ninth Circuit |
2020-03-09 |
Denied |
Response WaivedIFP |
2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing |
With respect to a defendant who does not waive his right to be physically present during a re-sentencing hearing, held pursuant to a stipulated resolu… |
| 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… |
| 19-7467 |
Frankie Beqiraj v. United States |
Second Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-presence due-process jury-selection peremptory-challenges right-to-be-present waiver |
1. Whether a defendant has a constitutional right to be present during a conference at which the parties exercise their peremptory challenges to strik… |
| 19-6068 |
Michael S. Sites v. West Virginia |
West Virginia |
2019-09-25 |
Denied |
IFP |
constitutional-rights court-procedure criminal-procedure critical-proceedings due-process harmless-error jury-deliberations right-to-be-present |
Did the West Virginia Supreme Court violate the Petitioner's Constitutional Rights to be Present at ALL Critical proceedings, including the answering … |
| 19-5934 |
Bruce Randol Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-13 |
Denied |
Relisted (2)IFP |
actual-innocence AEDPA-statute-of-limitation constitutional-claim equitable-tolling evidence-insufficiency evidence-sufficiency federal-habeas-corpus habeas-corpus insufficient-evidence right-to-be-present statute-of-limitations |
1. Whether the United States Court of Appeals Fyrfth Civeultr erred w affir ming the lewer tribunals ruling and denied petitroner 4 gateway tlaim ef a… |
| 19-5446 |
Michael Thomas Balint v. Kelly Santoro, Warden |
Ninth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure critical-stage due-process habeas-corpus harmless-error jury-instructions ninth-circuit right-to-be-present right-to-counsel |
During deliberations, the jury issued a compound question as to the elements of Balint's trial defense, duress, as well as the defense of necessity. T… |
| 19-5159 |
Quinetta Grant v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
should this Court vacate and remand for reconside was Ms Grant denied her rights under U.S.S.G. § 1 binding-authority criminal-procedure criminal-procedure-plain-error-sentencing-right-to criminal-procedure-supervisory-power-conviction-se due-process judicial-discretion mail-fraud plain-error right-to-be-present sentencing sentencing-guidelines sentencing-guidelines-relevant-conduct-scope-of-cr sentencing-procedure Where Ms Grant's sentence was enhanced by attribut Where multiple additional errors affected petition |
1) Where the Court of Appeals failed to consider binding authority holding that a defendant's absence from a material sentencing proceeding constitute… |
| 19-5006 |
Peter J. Rosato v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-07-01 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights confrontation-clause confrontation-right constitutional-waiver criminal-procedure deposition deposition-testimony depositions due-process knowingly-intelligent-waiver right-to-be-present video-deposition waiver |
DOES A WAIVER OF A CITIZENS CONSTITUTIONAL RIGHT HAVE TO APPEAR ON THE RECORD EITHER WRITTEN OR ORALLY IN ORDER TO ESTABLISH A KNOWNING, INTELLIGENT, … |
| 18-8946 |
Willie Peterson v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure due-process duncan-v-louisiana illinois-v-allen lewis-v-united-states right-to-be-present third-circuit-court |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U… |
| 18-8514 |
Jonathan Leroy Homedew v. United States |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion co-defendant co-defendants criminal-procedure district-court due-process judicial-discretion plea-arrangement plea-bargaining procedural-rights right-to-be-present speedy-trial waiver |
Whether Petitioner waived Speedy Trial Rights based on Co-defendants Plea arrangements
Whether Petitioner had rights to be present at all tribunal pr… |
| 18-8510 |
Travis Thaniel v. Maryland |
Maryland |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts |
1. DOES THE FEDERAL' L'AW OF WEAVER V. MASSACHUSETTS, 137 S.Ct. 1899 (2017);
HAVE RETROACTIVE APPLICATION IN THE STATE OF MARYL'AND?
2. DOES A TRIAL!… |
| 18-8276 |
Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison |
Third Circuit |
2019-03-06 |
Denied |
IFP |
certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights |
Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the U… |
| 18-7556 |
Michael James Horton v. Clark E. Ducart, Warden |
Ninth Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights constitutional-law constitutional-rights criminal-procedure critical-trial-stages due-process pro-se-representation right-to-be-present right-to-counsel self-representation standing statutory-interpretation trial-procedure |
FX ONS _JUSTiCe so eloQuent ly pot Veo
"Lest We SEHe WWISTI Ch ONL DAT TR AROUND
) Sttouks THE UNE@ViVOCA RLGKT TO
RENRESENT ONES SEIF OR HAVE COUNSe|… |
| 18-6685 |
Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-15 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process habeas-corpus miscarriage-of-justice right-to-be-present standing statute-of-limitations trial-in-absentia trial-rights |
Under the Antiterrorism and Effective Death Penalty Act, Can and individual Overcome this limitation, Under the Miscarriage of Justice Exception, By S… |
| 18-6629 |
William Randolph Harloff v. Craig Koenig, Warden |
Ninth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony |
Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination … |
| 18-6377 |
Rashad Woodside v. United States |
Sixth Circuit |
2018-10-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights counsel-presence criminal-procedure defendant-rights due-process limited-remand open-court resentencing right-to-be-present right-to-counsel sentencing |
Whether a defendant has the right to be present with counsel at a resentencing hearing where the reasons for the sentence are stated in open court aft… |
| 18-5979 |
Malik Derry v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence |
A. Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated when neither a criminal defendan… |
| 18-5183 |
Christopher M. Holmes v. United States |
Eighth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony |
MEt, IF CURT -AppoatEd TRIAL CWNSEl ADMITTS ThAT ShE D NEyleCtEC
To woNfeR nith client ABout Peremptory staikes befire oR durins peremptory
Strike ses… |