right-to-present-defense

65 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-969 Anthony Zottola, Sr. v. United States Second Circuit 2026-02-18 Pending anonymous-jury declaration-against-penal-interest fair-trial-rights hearsay-exception presumption-of-innocence right-to-present-defense 1. Whether a defendant's right to present a defense is violated when he is precluded from offering a declarant's out-of-court, self-inculpatory narrat…
24-5994 David Rodriguez v. Texas Texas 2024-11-19 Denied Relisted (2)IFP abuse-of-discretion due-process fourteenth-amendment right-to-counsel right-to-present-defense sixth-amendment Did The Court Of Criminal Appeals Of Texas err in holding that The Trial Court did not abuse its discretion and violate Rodriguez Fourteenth Amendment…
23-1219 Colton Matthews v. Louisiana Louisiana 2024-05-16 Denied chambers-precedent chambers-v-mississippi constitutional-rights due-process evidence-exclusion fair-trial gun-evidence right-to-present-defense self-defense Under the unique facts and circumstances of this self-defense case, does exclusion of any evidence regarding the gun found in the open center console …
23-1043 Amir Anariba v. California California 2024-03-21 Denied Response Waived arbitrary-rules compulsory-process criminal-defense due-process evidence-rules holmes-v-south-carolina right-to-present-defense sixth-amendment subpoena-duces-tecum united-states-v-nixon The Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense. This right is abridged by evidence rules that …
23-6987 Michael Todd Hilton v. Daniel Akers, Warden Sixth Circuit 2024-03-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process expert-testimony expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense strickland-standard strickland-v-washington Introduction; Mr. Hilton was indicted for murder and other offenses stemming from an automobile accident which occurred while he was under the influen…
23-6955 Donald Kissner v. Michigan Michigan 2024-03-11 Denied IFP appellate-counsel appellate-procedure civil-rights communication-breakdown constitutional-rights criminal-procedure due-process habeas-corpus judicial-review right-to-counsel right-to-present-defense WAS MR. KISSNERS STATE AND FEDERAL COMSTZTUTIONAL BLGHTS 70 EFF ECTLVE Con STANCE OF APPOINTED APPELLATE yy El. WHERE THE WAS A BREAKDOWN COMMUNEICATL…
23-6616 Fan Yang v. United States Eleventh Circuit 2024-01-30 Denied Response WaivedIFP complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to…
23-6390 Jose Guadalupe Ramirez v. Illinois Illinois 2023-12-28 Denied Response WaivedIFP adolescent-brain-development due-process expert-assistance indigent-defendant mandatory-life-sentence right-to-present-defense sentencing Does a trial court deprive an indigent defendant of due process and the right to present a defense by failing to appoint an adolescent brain developme…
23-6156 David Joseph Meister v. Tyrell Davis, Warden Ninth Circuit 2023-12-04 Denied Response WaivedIFP certificate-of-appealability complete-defense constitutional-rights false-confession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense substantial-showing-of-denial Whether the Court of Appeals egregiously misapplied this Court's standard for issuing a certificate of appealability in the face of a substantial show…
23-6060 John Lacey Mulkey v. Georgia Georgia 2023-11-20 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule 403) extrinsic ev…
23-5785 Joshua Aston v. Arizona Arizona 2023-10-16 Denied IFP 6th-amendment constitutional-rights criminal-procedure due-process jury-instructions reopening-of-case right-to-present-defense right-to-testify sixth-amendment trial-procedure unanimous-jury Where a defendant wasn't afforded the opportunity to testify, did the trial court or defense counsel violate a defendant's right to testify and presen…
23-5513 Rickeena Hamilton v. Tennessee Tennessee 2023-09-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder 1. The defendant was convicted of second-degree murder after she stabbed a man who had attacked her in a bar without any provocation. This factual sit…
23-5400 Nathan Leon Branham v. Michigan Michigan 2023-08-18 Denied IFP compulsory-process curriculum-vitae defense-expert due-process expert-witness fourteenth-amendment right-to-present-defense sixth-amendment ISSUES RAISED BY DEFENDANT IN pro per ON DIRECT APPEAL :: WHEN THE PROSECUTION IS HIGHLY FAMILIAR WITH AN EXPERT, WAS IT A DRASTIC SANCTION FROM THE…
23-5043 Coby Quinton Ceaser v. Tim Hooper, Warden Fifth Circuit 2023-07-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-suppression ineffective-assistance jackson-standard jury-instructions prosecutorial-misconduct right-to-present-defense right-to-testify trial-fairness Can the Jackson standard be satisfied when relevant, material, and appreciable evidence is impermissibly kept from the juiy? Was Ceaser's trial rende…
22-6563 Jaquain Young v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation 1. Shortly after the murder of Jelvon Helton, which petitioner was convicted of, witness Tierra Lewis went to the police, circled codefendant Esau Fer…
22-6365 Ronald E. Cook v. Tom Watson, Warden Sixth Circuit 2022-12-21 Denied IFP appeals constitutional-law constitutional-rights criminal-defense criminal-procedure double-jeopardy due-process evidence-exclusion fair-trial jurisdiction right-to-present-defense Question not identified.
22-6077 William Donnell, III v. Eddie Caley, Warden, et al. Tenth Circuit 2022-11-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process extrinsic-evidence impeachment lead-detective right-to-present-defense trial-court-error trial-error witness-impeachment 1. Did the trial court, by prohibiting me from impeaching the lead detective with extrinsic evidence specifically contradicting his testimony on direc…
22-5438 Winfred Scott Simpson v. North Carolina Department of Public Safety Fourth Circuit 2022-08-24 Denied Relisted (2)IFP and ineffective assistance of counsel unlawful detention compulsory-process due-process fifth-amendment fourteenth-amendment jencks-act miranda-rights right-to-present-defense self-defense sixth-amendment Violation of Petitioner's 5th, 6th, and 14th Amendment rights of due process and the right to present an effective defense regarding suppressed eviden…
22-32 John Hart v. County of Philadelphia, Pennsylvania, et al. Third Circuit 2022-07-12 Denied Response Waived actual-innocence constitutional-rights criminal-defense due-process evidence ineffective-assistance-of-counsel right-to-present-defense scientific-evidence voiceprint-analysis Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant rece…
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments, as constructed in Crawford v. Washington, 541 U.S. 36 (2004), Dutton v. Evans, 400 U.S. 74 (1970) and Bru…
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did ths Court of Appeals err when it held that the trial court didnot commit error in excluding evidence that deprived Petitioner of his Sixth Amendme…
21-7150 Michael Cameron v. Tim Hooper, Warden Fifth Circuit 2022-02-17 Denied IFP criminal-procedure due-process eyewitness-identification misidentification right-to-defense right-to-present-defense showup-lineup suggestive-lineup witness-identification The police conducted a showup lineup with Cameron and four witnesses without justification. The unduly suggestive showup lineups were never corroborat…
21-6998 Robert Lars Pape v. California California 2022-01-31 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion right-to-present-defense standard-of-review third-party-culpability 1. Does the Constitution permit the exclusion of a defendant's presentation of substantial evidence of third-party culpability simply because the cour…
21-1016 Andrew Huy Chrostowski v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2022-01-19 Denied Response Waived constitutional-rights criminal-defense cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health plea-bargaining psychiatric-examination right-to-present-defense A. Did trial counsel's failure to make a constitutionally adequate inquiry into viable defenses deprive the petitioner of his right to present 'full a…
21-5971 Adrian Torres v. Warren Montgomery, Warden Ninth Circuit 2021-10-14 Denied Response WaivedIFP constitutional-rights criminal-trial cumulative-error doyle-error due-process evidence-exclusion ineffective-assistance prosecutorial-misconduct ptsd right-to-present-defense I. Did Trial Counsel Render Ineffective Assistance by Failing to Investigate and Present a PTSD Expert?; Was an Evidentiary Hearing Was Required? II.…
21-5911 Michael Herman v. United States Fifth Circuit 2021-10-07 Denied IFP complete-defense compulsory-process due-process evidence-standard evidentiary-standards mens-rea right-to-present-defense sixth-amendment Can a defendant's right to present a complete defense be violated by the arbitrary and disproportionate application of a general evidentiary standard …
21-5897 Shahram Shakouri v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-10-06 Denied Response WaivedRelisted (2)IFP brady-violation constitutional-rights due-process false-testimony federal-habeas habeas-corpus prosecutorial-misconduct right-to-present-defense state-law state-law-interpretation 1. The Texas Court of Criminal Appeals [TCCA] in several opinions has observed that, "Even unknowing use of false testimony violates a defendants's …
21-5095 Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-13 Denied Amici (2)IFP arbitrary-exclusion civil-rights criminal-procedure due-process evidence-exclusion evidentiary-standards expert-testimony false-confession right-to-defense right-to-present-defense 1. Whether, as the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits have held, this Court's cases clearly establish …
20-8265 John Licausi v. New York New York 2021-06-09 Denied IFP altered-evidence bias-conflict-of-interest civil-verdict collateral-proceeding due-process judicial-bias newly-discovered-evidence right-to-present-defense sixth-amendment third-party-culpability I. Whether a hearing in a collateral proceeding was required to determine trial Judge's "neutrality" when newly discovered evidence was presented on a…
20-7702 Covia Dzell Smith v. United States Fourth Circuit 2021-04-09 Denied Response WaivedIFP career-offender criminal-procedure due-process evidentiary-errors fair-trial fourth-circuit-review ineffective-assistance right-to-present-defense sentencing sentencing-guidelines I. Whether trial counsel's ineffective assistance deprived Mr. Smith of the right to offer evidence in his defense. II. Whether the district court's …
20-7700 Robert Ibarra v. W. L. Montgomery, Acting Warden Ninth Circuit 2021-04-09 Denied Response WaivedIFP co-defendant-statements co-perpetrator-statements confrontation-clause constitutional-rights criminal-procedure criminal-trial due-process evidence-exclusion first-degree-murder hearsay right-to-defense right-to-present-defense Does the exclusion of statements by a co-perpetrator that he was solely responsible for the charged murder and the defendant was innocent, including t…
20-7644 Skip Hansen v. Kentucky Kentucky 2021-04-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony Did the Kentucky Court of Appeals allow Mr. Hansen 's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Ame…
20-7448 Shuntario Johnson v. United States Sixth Circuit 2021-03-15 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause criminal-procedure due-process hearsay jury-instructions right-to-confront-witnesses right-to-present-defense right-to-present-evidence sixth-amendment Whether the Sixth Circuit's decision to affirm the hearsay objection was contrary to Chambers v. Mississippi, 410 U.S. 284, 302 (1973) and its progeny…
20-1240 Francisco Javier Palillero v. United States Tenth Circuit 2021-03-09 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the…
20-7341 James Coddington v. Jim Farris, Warden Tenth Circuit 2021-03-05 Denied Amici (1)IFP capital-punishment criminal-procedure due-process habeas-corpus harmless-error material-evidence mens-rea right-to-defense right-to-present-defense sixth-amendment On direct appeal, the state court found that constitutional error marred the trial, which ended with a death sentence for petitioner. The error—barrin…
20-7203 Chiron Sharrol Francis v. Texas Texas 2021-02-22 Denied Response WaivedIFP chambers-v-mississippi confrontation-clause crane-v-kentucky crime-scene-evidence due-process evidence-authentication evidence-preservation fair-trial right-to-present-defense sixth-amendment 1. The police violate State criminal law, Federal and State regulations, and their own procedures and policies in disposing of and failing to preserve…
20-775 Clifford Williams v. Louisiana Louisiana 2020-12-07 Denied Response Waived constitutional-rights criminal-procedure due-process evidence-admissibility fifth-amendment fourteenth-amendment right-to-present-defense self-defense sixth-amendment Clifford Williams was convicted of murder in New Orleans, Louisiana, after the trial court denied him the right to introduce evidence showing he was r…
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony 1. Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross…
20-6304 Muhanad Mahmoud Al-Farekh v. United States Second Circuit 2020-11-13 Denied Response WaivedIFP classified-information classified-information-procedures-act criminal-procedure discovery discovery-rights due-process ex-parte ex-parte-motion national-security right-to-present-defense security-clearances 1. Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex p…
20-5170 William Russell Williams v. Michigan Michigan 2020-07-24 Denied IFP actus-reus criminal-procedure due-process ineffective-assistance jury-instructions mens-rea mitigation mitigation-instruction prosecutorial-misconduct right-to-present-defense sentencing-guidelines I. Was William Williams denied his right to due process, to present a defense, and to a properly instructed jury where the trial court refused to prov…
20-5127 Thomas Eric Espinoza v. Colorado, et al. Tenth Circuit 2020-07-21 Denied Response WaivedIFP actual-innocence confrontation-clause constitutional-error due-process expert-examination fair-trial habeas-corpus lab-evidence right-to-present-defense scientific-evidence witness-testimony Question not identified.
20-5014 Darwin Josue Peralta v. North Carolina North Carolina 2020-07-09 Denied IFP appellate-review civil-rights criminal-procedure cross-examination due-process evidence jury-instructions legal-standards right-to-present-defense standard-of-review Whether the trial Court Violated Mr.Peralta Statutory and Constitutional Rights by Relying on Dr. Beth Hers sexual Abuse Finding because she based Her…
19-1472 Phillip Antonio Davis v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2020-07-08 Denied character-evidence conspiracy conspiracy-theory criminal-defense criminal-procedure-evidence-admissibility due-process evidence-exclusion excessive-force jackson-v-virginia judicial-review relevance right-to-present-defense standard-of-review trial-procedure 1. Whether the exclusion of evidence deemed necessary by Petitioner to present a complete defense and to combat the State's theory of guilt could be r…
19-1391 Larry Alan Whitely v. Sharon McCoy, Warden Tenth Circuit 2020-06-18 Denied compulsory-process due-process fourteenth-amendment right-to-present-defense sixth-amendment trial-by-jury webb-v-texas witness-coercion Webb v. Texas prohibits the government from making gratuitous threats that preclude defense witnesses from freely and voluntarily choosing to testify.…
19-8518 Dexter C. Newson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-05-21 Denied Response WaivedRelisted (2)IFP civil-rights compulsory-process constitutional-law due-process equal-protection exculpatory-evidence judicial-review legal-procedure right-to-present-defense statutory-interpretation Petitioners appeal Without him compusorry process to Call a Witness in his Fabor as guarented in the 6th AMendment of the Constitution and to determin…
19-8514 Farid Popal v. New York New York 2020-05-21 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process post-conviction-hearing post-conviction-proceedings right-to-present-defense sixth-amendment video-testimony witness-coaching WHETHER TWO-WAY VIDEO TESTIMONY VIOLATES A CRIMINAL DEFENDANT'S CONFRONTATION AND RIGHT TO PRESENT A COMPLETE DEFENSE UNDER SIXTH AMENDMENT TO THE U.S…
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…
19-7066 Evaristo Toscano v. Joe A. Lizarraga, Warden Ninth Circuit 2019-12-26 Denied IFP 6th-amendment confrontation-clause due-process effective-assistance-of-counsel evidence-tampering harmless-error judicial-bias prejudice-comments redacted-statement right-to-counsel right-to-present-defense sixth-amendment Whether a violation of petitioner's right granted by the Confrontation Clause of the United States Constitution was harmless beyond a reasonable doubt…
19-6463 Michael A. Albert v. New York New York 2019-11-01 Denied Response WaivedIFP 14th-amendment 5th-amendment due-process fair-trial fifth-amendment fourteenth-amendment outrageous-conduct police-agent right-to-present-defense sexual-inducement voluntariness Question 1: In the Appellate Division, Fourth Department's order, both the decent and majority agreed that Ms. Sheritta Jefferson was an agent of the …
19-6411 Tyler Joseph Barefield v. Arkansas Arkansas 2019-10-28 Denied Response WaivedIFP alternative-perpetrator alternative-perpetrator-evidence constitutional-law constitutional-rights criminal-evidence criminal-procedure due-process evidence right-to-defense right-to-present-defense state-evidentiary-requirements state-evidentiary-rules To what extent— consistent with the right to present a defense — may a State restrict the ability of a defendant to present evidence tending to establ…
19-6096 Jerry Simmons v. Darryl Vannoy, Warden Fifth Circuit 2019-09-30 Denied Response WaivedRelisted (2)IFP biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F…
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness I. DID THE GOVERNMENT FAIL TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTIONS BEYOND A REASONABLE DOUBT? II. WAS PETITIONER RATHBURN DENIED HI…
19-5432 Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden Sixth Circuit 2019-08-01 Denied Response WaivedIFP credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence I., THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, TEDERAL DISTRICT COURT, AND STATE TRIAL COURT ALL HAVE DECIDED AN IMPORTAN7 TEDERAL QUES…
18-8374 Naykima Tinee Hill v. Shawn Brewer, Warden Sixth Circuit 2019-03-11 Denied Response WaivedIFP due-process fair-trial findings-of-fact habeas-corpus harmless-error identification-expert ineffective-assistance right-to-present-defense strickland-standard strickland-v-washington Whether the Michigan Supreme Court was objectively unreasonable in application of harmless error analysis and made objectively unreasonable findings o…
18-8058 Joel Elias Sanchez v. Jeffrey A. Beard, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-02-21 Denied Response WaivedIFP 9th-circuit aedpa constitutional-rights crane-v-kentucky criminal-defense criminal-procedure due-process evidence-exclusion evidentiary-exclusion ninth-circuit-review right-to-present-defense self-defense The constitution guarantees criminal defendants "a meaningful opportunity to present a complete defense." Crane v. Kentucky, 476 U.S. 683, 690 (1986).…
18-7847 Ronell Howlett v. Reed Richardson, Warden Seventh Circuit 2019-02-07 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process federal-court-review federal-review habeas-corpus habeas-corpus-28-usc-2254 procedural-bar rape-shield-law right-to-present-defense state-court state-court-review Question not identified.
18-7330 Michael Anthony Garrett v. United States Eighth Circuit 2019-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence Whether a defendant's constitutional right to present a defense as guaranteed by the Fifth and Sixth Amendments to the United States Constitution enco…
18-6728 Francisco R. Quintana v. Colorado Colorado 2018-11-19 Denied IFP constitutional-claims criminal-procedure defense-evidence due-process evidence exclusion-of-evidence fourteenth-amendment materiality-requirement right-to-present-defense sixth-amendment What showing must a defendant make to establish that the erroneous exclusion of defense evidence at trial violated the defendant's Sixth and Fourteent…
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-5717 Anousone Savanh v. United States Ninth Circuit 2018-08-23 Denied Response WaivedIFP constitutional-rights criminal-procedure defense-expert due-process expert-testimony federal-rules-of-evidence ninth-circuit-review right-to-present-defense May a court exclude a defense expert in a criminal case for failing to possess qualifications that Federal Rule of Evidence 702 does not require, the …
18-221 Carl Mouton v. Arkansas Arkansas 2018-08-21 Denied Response Waived compulsory-process confrontation-clause constitutional-right-to-defense criminal-procedure due-process evidence rape-shield rape-shield-law rape-shield-rule right-to-present-defense sexual-conduct-evidence WHETHER APPLICATION OF THE ARKANSAS RAPE SHIELD RULE AND STATUTE TO PREVENT MOUTON FROM PRESENTING EVIDENCE OF A SEXUAL RELATIONSHIP BETWEEN THE ACCUS…
18-5660 Todd Jesse Garton v. California California 2018-08-20 Denied IFP 5th-amendment civil-rights constitutional-rights criminal-procedure criminal-trial defendant-attire due-process guilt-determination meaningful-defense penalty-phase presumption-of-innocence right-to-fair-trial right-to-present-defense right-to-reliable-verdict right-to-wear-civilian-attire Whether refus ing to permit an in-cus tody def endant ch arged with murder ing his wife and unborn child to wear his wedding ring during trial vio lat…
18-5407 Mladen Mitrovic v. United States Eleventh Circuit 2018-08-01 Denied Response WaivedIFP administrative-law civil-procedure confrontation-clause due-process equal-protection federal-rules-of-evidence hearsay right-to-present-defense standing statutory-interpretation witness-unavailability WHETHER THE DISTRICT COURT ERRONEOUSLY EXCLUDED THE STATEMENTS OF UNAVAILABLE WITNESSES, THEREBY DENYING PETITIONER THE RIGHT TO PRESENT A COMPLETE DE…
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion WHETHER PETTTIONER WAS DEPRIVED OF HIS RIGHT TO CONFRONT WITNESSES, HIS RIGHT TO PRESENT A DEFENSE, AND HIS RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNS…
18-5053 Andres A. Lopez-Martinez v. United States Eleventh Circuit 2018-06-29 Denied Response WaivedIFP compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error Whether it is time to revisit the harmless error standard when a defendant is deprived of his constitutional right to present a defense.