rule-33
14 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25A750 | Joseph Allen Maldonado v. United States | Tenth Circuit | 2025-12-29 | Application | brady-violation criminal-procedure invited-error post-conviction-relief recantation rule-33 | Question not identified. | |
| 25-5917 | Thomas Avery Drum v. United States | Eighth Circuit | 2025-10-20 | Denied | Response WaivedIFP | criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence | When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 23-6494 | Lewis Dean Armstrong v. United States | Ninth Circuit | 2024-01-17 | Denied | Response WaivedIFP | circuit-split competency-standard competency-to-assist-counsel due-process excusable-neglect federal-rules-of-criminal-procedure new-trial-motion pioneer-factors pioneer-investment-services-co-v-brunswick-associa rule-33 | This petition is concerned with the denial of a new trial motion under Rule 33(b)(1) of the Federal Rules of Criminal Procedure, filed well after the … |
| 23-6460 | Richard C. Duerson v. United States | Sixth Circuit | 2024-01-11 | Denied | Response WaivedIFP | conspiracy criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel manifest-injustice newly-discovered-evidence pro-se rule-33 sixth-amendment supervisory-power | 1. Given that Rule 33 of the Federal Criminal Rules of Procedure allows a court discretion to grant a new trial if the interest of justice require, … |
| 23-414 | Devon Archer v. United States | Second Circuit | 2023-10-19 | Denied | Amici (1) | circuit-split criminal-procedure discretion judicial-discretion manifest-injustice new-trial new-trial-standard rule-33 second-circuit weight-of-evidence | 1. Federal Rule of Criminal Procedure 33 permits a district court to order a new trial "if the interest of justice so requires." The district court he… |
| 22-7497 | Carlos Cantizano v. United States | Ninth Circuit | 2023-05-09 | Denied | Response WaivedIFP | constitutional-violation criminal-appeal due-process newly-discovered-evidence right-to-counsel rule-33 rule-33-motion rule-37 | On federal criminal appellants first appeal as of right to counsel, may the Ninth Circuit Court of Appeals refuse to provide counsel to help reply to … |
| 22-6636 | Mostafa Kamel Mostafa v. United States | Second Circuit | 2023-01-27 | Denied | Response WaivedIFP | criminal-procedure defense-counsel federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-trial-motion rule-33 | 1. Whether a claim of ineffective assistance of counsel may be raised under Rule 33(b)(1) of the Federal Rules of Criminal Procedure? 2. Whether the … |
| 21-1319 | Mark Nordlicht and David Levy v. United States | Second Circuit | 2022-04-04 | Denied | Amici (1) | credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility | Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3… |
| 21-5841 | Rafiq Sabir v. United States | Second Circuit | 2021-10-01 | Denied | Response WaivedIFP | arabic-language-expert brady-claim brady-v-maryland district-court-discretion exculpatory-evidence factual-dispute government-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-amend rule-33 | 1. Could reasonable jurists debate whether the district court abused its discretion by denying as untimely Petitioner's motion to amend to add a Brady… |
| 20-6030 | Byron A. Wyatt v. United States | Fifth Circuit | 2020-10-15 | Denied | Response WaivedIFP | criminal-procedure evidentiary-sufficiency interest-of-justice interests-of-justice material-evidence newly-discovered-evidence rule-33 standard-of-review sufficiency-of-evidence trial-standard | Whether F.R.Crim.P. Rule 33's standard for granting a new trial based on newly discovered evidence "if the interest of justice so requires" cannot be … |
| 19-8439 | Marijan Cvjeticanin v. United States | Third Circuit | 2020-05-12 | Denied | Response WaivedIFP | brady-violation catch-me-if-you-can criminal-procedure due-process kyles-standard kyles-v-whitley materiality-standard new-trial-motion perjury rule-33 trial-perjury | 1) BRADY VIOLATIONS - "CATCH ME IF YOU CAN" - When, in direct violation of the district court's specific discovery order, the Government fails to turn… |
| 19-7180 | Rafael Leonhard Wolfga Beier v. United States | Ninth Circuit | 2020-01-06 | Denied | Response WaivedIFP | criminal-procedure federal-rules-of-criminal-procedure mental-impairment motion-for-new-trial newly-discovered-evidence post-conviction-relief rule-33 standard-of-review standards-for-new-trial trial-standard | 1. Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federa… |
| 19-6709 | Adam L. Acosta v. Colorado | Colorado | 2019-11-21 | Denied | Response WaivedIFP | constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 | Whether the Court of Appeals misconstrued Rule 35(c)(3)(VII), Colorado Rules of Criminal Procedure, in declining to consider a claim of ineffective as… |
| 18-9315 | Casey Peebles v. United States | Eighth Circuit | 2019-05-16 | Denied | Response WaivedIFP | 1st-circuit 8th-circuit circuit-conflict circuit-split codefendant-testimony criminal-procedure due-process exculpatory-testimony federal-rules-of-evidence newly-discovered-evidence rule-33 | In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify under Fed. R. Evid. 801(d)(2)(E) to o… |