| 25-6939 |
Guadalupe Pelayo v. Arizona |
Arizona |
2026-03-03 |
Pending |
Response WaivedIFP |
colloquy fifth-amendment fourteenth-amendment right-to-testify sixth-amendment structural-error |
I. Does the United States Constitution require a colloquy between the judge and a criminal defendant regarding the accused's decision on whether to te… |
| 25-5122 |
Raheem Brown v. United States |
Third Circuit |
2025-07-16 |
Denied |
Response WaivedIFP |
criminal-procedure fair-trial fourteenth-amendment ineffective-assistance-of-counsel right-to-testify sixth-amendment |
Is a criminal defendant's Sixth and Fourteenth Amendment right to testify and to receive a fair trial abridged where trial counsel announces to the ju… |
| 23A1049 |
Meko R. Walker v. United States |
Fifth Circuit |
2024-05-23 |
Presumed Complete |
|
constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel |
Question not identified. |
| 23-7243 |
Nathaniel Blayn Becker v. United States |
Fourth Circuit |
2024-04-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process explosive-devices mental-illness obstruction-of-justice psychotic-disorder right-to-testify sentencing-enhancement trial-testimony |
1. Whether the obstruction of justice enhancement for "false" trial testimony by the defendant violates the right to testify when the court did not ma… |
| 23-6865 |
Justus Onyiego v. Tennessee |
Tennessee |
2024-02-29 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel |
I. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO REQUEST LESSER INCLUDED OFFENSE INSTRUCTIONS FOR THE OFFENSE OF AGGRAVATED RAPE CAUSING BODILY INJURY?… |
| 23-6016 |
Malik Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-11-15 |
Denied |
IFP |
28-usc-2253(c) certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interference-with-right-to-testify postconviction-relief prior-criminal-history right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 23-502 |
Noble U. Ezukanma v. United States |
Fifth Circuit |
2023-11-14 |
Denied |
Response Waived |
counsel-advice criminal-procedure defendant-testimony due-process ineffective-assistance ineffective-assistance-of-counsel prejudice right-to-testify sixth-amendment strickland strickland-standard |
How do the standards for judging ineffective assistance of counsel apply to the question of what advice defense counsel gives to a defendant concernin… |
| 23-5801 |
Jeffery Ducote v. Tim Hooper, Warden |
Fifth Circuit |
2023-10-16 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel right-to-testify sixth-amendment |
1. Mr. Ducote's 5th, 6th, and 14th Amendment rights of the United States Constitution were violated when his right to testify was taken from him.
2. … |
| 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… |
| 23-312 |
Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al. |
Fourth Circuit |
2023-09-26 |
Denied |
Response Waived |
constitutional-challenge due-process habeas-relief impeachment ineffective-assistance-of-counsel ineffective-counsel prior-convictions resentencing right-to-testify sentencing unconstitutional-convictions |
1. Whether reasonable jurists could debate whether habeas relief and re sentencing is required when a defendant's sentence was premised on prior convi… |
| 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… |
| 22-7685 |
Satish Kartan v. United States |
Ninth Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
compelled-testimony-withdrawal court-precedent due-process forced-labor griffin-v-california prosecutor-comments right-to-testify rock-v-arkansas sentencing-guidelines statutory-interpretation |
I. whether the district court violated Kartan's Might to testify and the subsequent prosecitor's comments, "These defendants don't like answering ques… |
| 22-7158 |
Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-03-30 |
Denied |
Response WaivedIFP |
certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel |
I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim Tha… |
| 22-7051 |
William Todd Lewallen v. Scott Crow |
Tenth Circuit |
2023-03-21 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law |
Oklahoma has jury sentencing in all felony cases, and those proceedings may be bifurcated. The Oklahoma Court of Criminal Appeals (the "OCCA") has the… |
| 22-6892 |
In Re Willie Thomas |
|
2023-02-28 |
Denied |
IFP |
constitutional-rights due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias judicial-discretion judicial-usurpation right-to-testify trial-procedure |
1. whether the District Court Approach to 2254 petition asserting a loss of a fundamental constitutional right to choose whether to testify in his own… |
| 22-5530 |
Joseph Ray Jordan v. United States |
Second Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
affirmative-defense brady-rule constitutional-rights criminal-procedure ineffective-assistance-of-counsel post-conviction-relief right-to-testify section-2255 strickland-standard witness-tampering |
Each of the following four pages presents one primary question regarding IAC claims that survived Section 2255(b) screening, but were ultimately rejec… |
| 21-8068 |
John Burke v. United States |
Second Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony |
1. Did the Second Circuit err when it found that there was not an actual conflict without ordering a hearing in the District Court when defense counse… |
| 21-8064 |
Antonio D. Shannon v. Randall Hepp, Warden |
Seventh Circuit |
2022-06-06 |
Denied |
Response WaivedIFP |
counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment |
Given that "the accused has the ultimate authority [to decide] whether to... testify in his or her own behalf," Jones v. Barnes, 463 U.S. 745, 751 (19… |
| 21-7961 |
Patrick Glenn Goodwin v. Marion Spearman, Warden |
Ninth Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
but no text of a SCOTUS petition was provided in I cannot generate a question presented or identif I cannot generate the question presented or ident please include the full text of the document. please include the full text of the petition. constitutional-rights due-process federal-courts habeas-corpus knowing-and-intelligent-waiver right-to-testify |
1. Whether and to what extent a trial court must obtain from a defendant an on-the-record waiver of the right to testify in his or her own defense, re… |
| 21-7758 |
Donald W. Estell v. United States |
Eighth Circuit |
2022-05-02 |
Denied |
Response WaivedIFP |
due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony |
Should this court apply the Napue Due Process for a defendant whom pleads guilty, in addition, apply the Napue Due Process to the Rule requirement?
W… |
| 21-7684 |
Ernest DeWayne Jones v. Ronald Broomfield, Warden |
Ninth Circuit |
2022-04-22 |
Denied |
IFP |
complete-defense constitutional-analysis constitutional-restriction criminal-defendant-rights criminal-defense due-process expert-testimony right-to-testify rock-v-arkansas |
1. Whether a criminal defendant's constitutional right to testify, as articulated in Rock v. Arkansas, 483 U.S. 44 (1987), is violated when he is prev… |
| 21-7328 |
Glen S. v. Connecticut |
Connecticut |
2022-03-09 |
Denied |
Response WaivedIFP |
circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights |
Should an affirmative duty be imposed on trial courts to canvass criminal defendants and alleged probation violators about their constitutional right … |
| 21-6931 |
Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-20 |
Denied |
Relisted (2)IFP |
constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error |
1. When a defendent claims their trial counsel denied them
the right to testify in a habeas corpus proceeding, can this claim
and a witness' supporti… |
| 21-6849 |
Edwin Vaquiz v. United States |
Third Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony |
Whether a "Trial Attorney can prohibit or forbid, by coercion (threat to withdraw representation from Defendants Criminal Case), the Defendant to rest… |
| 21-6188 |
Johnathan Andrew Doody v. Arizona |
Arizona |
2021-11-04 |
Denied |
Response WaivedIFP |
attorney-withdrawal coercion constitutional-rights criminal-procedure ineffective-assistance involuntary-confession right-to-testify |
1. Whether Doody was denied his personal right to testify in his own behalf by his attorneys' ineffective assistance regarding their advice on the use… |
| 21-5488 |
John Patrick Blackmon v. Jeffrey A. Uttecht, Warden |
Ninth Circuit |
2021-08-26 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process exceptional-circumstances habeas-corpus judicial-inquiry prior-testimony right-to-testify testimony-waiver trial-procedure waiver |
1. Did events in the second trial establish additional process due the Defendant in any subsequent trial?
2. Was the trial judge's noting the Defenda… |
| 21-250 |
Khamraj Lall v. United States |
Third Circuit |
2021-08-23 |
Denied |
Response WaivedRelisted (2) |
brady-material constitutional-rights due-process indictment-transfer ineffective-assistance-of-counsel ineffective-counsel right-to-testify simultaneous-indictments speedy-trial |
1. Whether or not the Trial Judge erred in not having an on-the-record colloquy with the defendant outside the presence of the jury to enquire if the … |
| 20-8199 |
Isiah Lamonte Brown v. California |
California |
2021-06-03 |
Denied |
Response WaivedIFP |
constitutional-remedy counsel-ineffectiveness counsel-violation criminal-procedure fundamental-autonomy prejudice prejudice-analysis right-to-testify standard-of-review waiver waiver-standard |
1. What standard of prejudice, if any, must be satisfied to reverse a conviction because trial counsel violated the defendant's fundamental autonomous… |
| 20-6624 |
Aaron Michael Aguilera v. California |
California |
2020-12-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error |
1. Consistent with a criminal defendant's fundamental right to testify in his or her own defense — as well as the right to present a complete defense,… |
| 20-5962 |
Erik Diaz-Colon v. United States |
First Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel |
WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO ADVISE HIM OF HIS RIGHT TO TESTIFY AT TRIAL?
WHETHER PETITIONER'S TR… |
| 19-1473 |
Phillip Hartsfield v. Stepanie Dorethy, Warden |
Seventh Circuit |
2020-07-08 |
Denied |
Response Waived |
appellate-certification contemporaneous-assertion contemporaneous-objection federal-habeas-corpus ineffective-assistance-of-counsel prejudice-standard right-to-testify state-court-requirement strickland-standard strickland-v-washington witness-testimony |
1. Whether th e lower court err ed by holding that th e preju dice standard
applying to ineffective assi stance of counsel claims under Strickland v. … |
| 19-6535 |
Clarence Fry v. Ohio |
Ohio |
2019-11-06 |
Denied |
IFP |
constitutional-right criminal-defendant due-process fair-trial fourteenth-amendment right-to-testify rock-v-arkansas self-representation sixth-amendment trial-counsel |
Is it unconstitutional for any Court to deny the Constitutional right to testify in one's own defense by placing the burden of making such desire know… |
| 19-6152 |
Marian Papacsi Owens v. Sue Mickens, Warden, et al. |
Eleventh Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure |
1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge… |
| 19-5985 |
Leeroy Cesar Carballo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-18 |
Denied |
IFP |
appeal constitutional-rights criminal-procedure due-process evidentiary-hearing fifth-circuit-review fundamental-rights ineffective-assistance-of-counsel right-to-testify sentencing sentencing-phase |
During Petitioner's sentencing hearing, Petitioner took the stand, maintaining his innocence, and expressed his desire to tell the jury his side of th… |
| 18-9656 |
In Re Lexter K. Kossie |
|
2019-06-17 |
Denied |
IFP |
character-evidence character-witness constitutional-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence mitigation right-to-testify sentencing sentencing-phase |
Can a trial counsel render constitutionally performance and not prejudice the defense by (1) proceeding to the sentencing trial 45 minutes after the j… |
| 18-9239 |
Dale Shoop v. Ralph Terry, Acting Warden |
Fourth Circuit |
2019-05-13 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony |
1. Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated when Counsel; (1) Failed to Admit the Victim'… |
| 18-8427 |
Malcolm Roy Evans v. United States |
Eighth Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights criminal-trial due-process ineffective-assistance judicial-discretion judicial-inquiry right-to-counsel right-to-testify self-representation |
WHETHER A TRIAL COURT MAY SUMMARILY PROHIBIT AN ACCUSED
FROM TESTIFYING IN HIS OWN DEFENSE IN A CRIMINAL TRIAL MERELY
FOR STATING TO THE JURY HIS BELI… |
| 18-8113 |
Troy Arnaud v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel |
Whether Arnaud was denied his constitutional right to the effective assistance of counsel.
Whether Arnaud's trial counsel violated client autonomy.
… |
| 18-7884 |
Paula Villalva-Patricio v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial ineffective-assistance-of-counsel pertinent-information right-to-testify sixth-amendment testify translation-of-proceedings |
1. Whether the Defendant received ineffective assistance of counsel when Appellant wished to testify or otherwise introduce pertinent information and … |
| 18-7089 |
Esau Milliner v. Kathy Litteral, Warden |
Sixth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel |
Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally entitled when trial counsel failed to present readi… |
| 18-6646 |
John Edward Davis v. Florida |
Florida |
2018-11-08 |
Denied |
IFP |
autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination |
Question #1: Whether the Florida Court of Appeals unreasonably applied this Court's precedent when it upheld the denial of a post-conviction claim all… |
| 18-6558 |
Anthony James Merrick v. Arizona |
Arizona |
2018-11-02 |
Denied |
IFP |
appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure |
1. Mr. Merrick alleged he was denied his constitutioncl right to testify in his trial in both the guilt and aggrauation phases. In the guilt phase, Mr… |
| 18-6305 |
Igor Polshyn v. United States |
Eleventh Circuit |
2018-10-12 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony |
1. Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutio… |
| 18-6247 |
Roy Parker v. Burl Cain, Warden |
Fifth Circuit |
2018-10-09 |
Denied |
IFP |
6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment |
1). Did Petitioner receive the effective assistance of counsel as guaranteed by the Amendment to the United States Co,wtithl.ion 4ien trial counsel al… |
| 18-5539 |
Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment |
Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r… |
| 18-5433 |
Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2018-08-01 |
Denied |
Response WaivedIFP |
closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial |
1. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETIT… |