| 25-5982 |
Bani Marcela Duarte v. Lavelle Parker, Acting Warden |
Ninth Circuit |
2025-10-29 |
Denied |
IFP |
due-process fair-trial ineffective-assistance prosecutorial-misconduct reasonable-doubt second-degree-murder |
I. Did the Prosecution Fail to Prove the Second Degree Murder Charge Beyond a Reasonable Doubt; Did Appellate Counsel Render Ineffective Assistance?
… |
| 24-6638 |
Raquel Delgado Chavez v. United States |
Fifth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
causal-connection criminal-law depraved-heart federal-murder second-degree-murder sentencing |
1. Does the "depraved heart" theory of federal second-degree murder require a causal connection between the defendant's "depraved" conduct and the vic… |
| 24-6586 |
Landon Hank Black v. Tennessee |
Tennessee |
2025-02-18 |
Denied |
Response RequestedResponse WaivedRelisted (7)IFP |
burden-of-proof constitutional-limits criminal-procedure due-process jury-instructions second-degree-murder |
1. The defendant was convicted of second-degree murder after he shot a man who approached him aggressively in a parking lot. This factual situation pr… |
| 24-5188 |
Patrick Wilson v. Louisiana |
Louisiana |
2024-07-31 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trials non-unanimous-jury second-degree-murder sixth-amendment state-courts |
1. As there are conflicting decisions amongst state courts of last resort concerning a constitutional issue, in accordance with Rule X(b), this matter… |
| 24-5060 |
Bert Hudson v. Pennsylvania Board of Probation and Parole |
Pennsylvania |
2024-07-12 |
Denied |
Response WaivedIFP |
constitutional-interpretation cruel-and-unusual-punishment cruel-punishment eighth-amendment furman-v-georgia mandatory-minimum parole parole-review second-degree-murder sentencing-guidelines sentencing-statutes |
After being rebuked for forbidden cruelty by this Court's own landmark 1972 Furman decision, Pennsylvania's sentencing statutes enacted in response to… |
| 23-7697 |
Zachary Kelsey v. Tim Garrett, Warden, et al. |
Ninth Circuit |
2024-06-12 |
Denied |
Response WaivedIFP |
cause-of-death closing-argument criminal-procedure criminal-trial forensic-pathologist forensic-pathology habeas-corpus ineffective-assistance-of-counsel second-degree-murder sixth-amendment |
1. Whether Zachary Kelsey was deprived of the effective assistance of counsel when trial counsel waived Kelsey's closing argument at trial.
2. Whethe… |
| 23-7632 |
Cordero Passley v. United States |
Second Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
criminal-law criminal-statute deliberate-intent deliberation first-degree-murder malicious-conduct mens-rea premeditation second-degree-murder willful-killing |
Whether, for a defendant to commit a "willful, deliberate, malicious, and premeditated killing" that constitutes first degree murder (as opposed to se… |
| 23-6770 |
Juan Carlos Burns v. United States |
Ninth Circuit |
2024-02-16 |
Denied |
Response WaivedIFP |
18-usc-1 18-usc-924 crime-of-violence criminal-law federal-criminal-law federal-sentencing second-degree-murder sentencing-enhancement statutory-definition statutory-interpretation violent-crime |
Does second-degree murder in violation of 18 U.S.C. § 1 categorically qualify as a "crime of violence" within the meaning of 18 U.S.C. § 924(c)(8)(A)? |
| 23-6178 |
Decardo Moore v. United States |
Sixth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency |
Question I - Was there adequate consideration at sentencing of Moore's mental illness such as to make his sentence procedurally and substantively erro… |
| 23-5994 |
James Jordan McClain v. Tammy Campbell, Warden |
Ninth Circuit |
2023-11-13 |
Denied |
Response WaivedIFP |
brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter |
1. In assessing whether extraordinary circumstances stood in a petitioner's path for equitable-tolling purposes, do those circumstances need to make e… |
| 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… |
| 23-5423 |
Andre Monteek Edwards v. Kim Cargor, Warden |
Sixth Circuit |
2023-08-23 |
Denied |
Response WaivedIFP |
accident accident-defense criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice prejudice-analysis second-degree-murder self-defense strickland-standard |
1(a). DOES A SECOND DEGREE MURDER CONVICTION PRECLUDE A SHOWING OF PREJUDICE WHEN COUNSEL'S ERRORS WHICH PRECLUDED THE JURY'S CONSIDERATION OF MICHIGA… |
| 23-5168 |
Isaac Silversmith v. United States |
Ninth Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
18-usc-924 8-usc-1 certificate-of-appealability crime-of-violence criminal-law federal-criminal-law ninth-circuit second-degree-murder statutory-interpretation violent-crime |
1. By denying Petitioner's Petition For Certificate of Appealability, did the Ninth Circuit Court of Appeals err in holding that Second-degree Murder,… |
| 22-6829 |
Quinton Birdinground, Jr. v. United States |
Ninth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-law due-process federal-criminal-law mens-rea recklessness second-degree-murder sentencing sentencing-enhancement statutory-interpretation violent-crimes |
In Borden v. United States, 141 S.Ct. 1817, 1825 (2021), this Court held that, in order to qualify as a crime of violence, an offense must require pro… |
| 22-6569 |
Charles Heard v. United States |
Ninth Circuit |
2023-01-19 |
Denied |
Response WaivedIFP |
18-usc-924 9th-circuit california-law categorical-approach crime-of-violence criminal-law elements-clause implied-malice ninth-circuit second-degree-murder statutory-interpretation |
1. Does a VICAR murder conviction, which is in turn based upon a
second-degree murder under California law, constitute a categorical
crime of violence… |
| 22-6444 |
Stephen Duane Burgess v. United States |
Ninth Circuit |
2023-01-04 |
Denied |
Response WaivedIFP |
crime-of-violence criminal-law double-jeopardy due-process federal-sentencing federal-statute second-degree-murder sentencing-enhancement statutory-interpretation violent-crime |
Whether a conviction for federal "second degree murder" under 18 U.S.C. § 1(a) is a "crime of violence" under 18 U.S.C. § 924(c)(3). |
| 22-6319 |
Francis Boyd v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al. |
Third Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
civil-procedure due-process ineffective-assistance-of-counsel jury-instructions second-degree-murder third-degree-murder |
1). DID THE THIRD CIRCUIT COURT OF APPEALS MISCONSTRUE PETITIONER'S CLAIM(S) IN DENYING HIS PETITION FOR REHEARING /REHEARING IN BANC?
2). CAN A TRIA… |
| 21-7603 |
Glen S. Evans v. Bill Stange, Warden |
Eighth Circuit |
2022-04-12 |
Denied |
IFP |
4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence |
1. Where the trial court has erred and abused its discretion in
overruling defendant's motion to suppress his statements to
police, and in admitting … |
| 21-504 |
Joshua Eric Hawk Clark, aka Joshua Clark v. Mississippi |
Mississippi |
2021-10-05 |
Denied |
Response Waived |
due-process expert-testimony fourteenth-amendment judicial-reliability murder-conviction scientific-evidence scientific-reliability second-degree-murder shaken-baby-syndrome |
Does the Due Process Clause of the Fourteenth Amendment prohibit a State from convicting a person of murder based almost exclusively on an expert opin… |
| 21-5551 |
Floyd Flugence v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-09-01 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence |
1. Whether the evidence was sufficient to support, the finding of guilt, in accordance with La. R.S. 14:30.1 (Second Degree Murder) where there was no… |
| 21-5313 |
In Re Juan Luis Leonor |
|
2021-08-09 |
Denied |
Response WaivedIFP |
collateral-review constitutional-law criminal-procedure federal-retroactivity-test retroactivity second-degree-murder state-v-ronald-smith sudden-quarrel-provocation supreme-court-review teague-standard |
1. Whether, the Nebraska Supreme Court's decision not to hold Ronald-Smith retroactive to cases on collateral review confines Petitioner to a lesser r… |
| 20-7907 |
Julio Solano v. California |
California |
2021-05-03 |
Denied |
IFP |
due-process heat-of-passion insufficient-evidence jury-instruction jury-instructions prosecutorial-misconduct provocation second-degree-murder voluntary-manslaughter |
1. Whether the California Courts failure to adequately instruct the jury on provocation in the context of Second Degree Murder violated federal due pr… |
| 20-7715 |
In Re Richard DeCaro |
|
2021-04-12 |
Denied |
Relisted (2)IFP |
double-jeopardy ex-post-facto federal-statute first-degree-murder ineffective-assistance ineffective-assistance-of-counsel mandatory-life second-degree-murder sentencing-guidelines sixth-amendment |
1. Whether the Ex Post Facto Clause is violated where petitioner was
sentenced to the amended statute, first degree murder, mandatory life, rather
tha… |
| 20-7561 |
Melissa Pocopanni v. Florida |
Florida |
2021-03-25 |
Denied |
Response WaivedIFP |
criminal-responsibility cruel-and-unusual-punishment eighth-amendment intent-to-commit-murder juvenile-sentencing life-imprisonment second-degree-murder |
Whether a sentence of life imprisonment without the possibility of parole on a nineteen-year-old defendant convicted as a principal to second-degree m… |
| 20-7178 |
Nolan C. Turner, III v. Louisiana |
Louisiana |
2021-02-19 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel |
Over Turner's objection, trial counsel told the jury the offense committed in this case was a general intent second degree murder and not the charged … |
| 20-6848 |
Dana Sylvester Whitley v. R. Graham, Jr., Warden |
Fourth Circuit |
2021-01-12 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus judicial-review merger-of-sentences ohio-court-of-appeals post-conviction-relief second-degree-murder sentencing |
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| 20-6710 |
Marlon Iron Crow v. United States |
Eighth Circuit |
2020-12-28 |
Denied |
Response WaivedIFP |
18-usc-1 criminal-law criminal-statute jury-instruction jury-instructions malice-aforethought mens-rea second-degree-murder statutory-interpretation |
Whether the "reckless" mens rea should be included in the jury instruction for "malice aforethought" for second degree murder under 18 U.S.C. § 1. |
| 20-6096 |
Dieuseul Brown v. Sonja Nicklaus, Warden |
Seventh Circuit |
2020-10-22 |
Denied |
IFP |
criminal-procedure due-process first-degree-murder independent-and-adequate-state-grounds jury-finding jury-instructions procedural-default second-degree-murder state-grounds |
Whether the Petitioner's claim is Procedurally Defaulted under the Independent and Adequate State grounds Doctrine. Whether the lower courts erred in … |
| 19-7889 |
Walter Rosario-Colon v. Louisiana |
Louisiana |
2020-03-06 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-law criminal-procedure due-process evidence insufficient-evidence jury-instructions reasonable-jurist second-degree-murder self-defense |
1. Reasonable jurists would determine that Walter Rosario-Colon acted in self-defense when he struck Antonio Aguado. In the alternative, there was Ins… |
| 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… |
| 19-7217 |
Rickey Thompson v. United States |
Eleventh Circuit |
2020-01-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
crime-of-violence criminal-law criminal-sentencing due-process elements-clause firearms johnson-davis-doctrine johnson-v-united-states mandatory-minimum second-degree-murder statutory-interpretation united-states-v-davis vagueness vagueness-doctrine |
L. Whether the residual clause of 18 U.S.C. § 924(c)(8) is unconstitutionally vague pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015), and … |
| 19-605 |
Arizona v. Philip John Martin |
Arizona |
2019-11-12 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
appeal criminal-appeal double-jeopardy first-degree-murder greater-offense hung-jury hung-jury-rule jury-instructions jury-verdict lesser-offense richardson-v-united-states second-degree-murder |
In Green v. United States , the Court held that the
Double Jeopardy Clause barred retrial of a greater
offense when the jury's "verdict was silent" on… |
| 19-5263 |
Miah Stroud v. Shawn Brewer, Warden |
Sixth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification |
I. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL
RIGHT TO DUE PROCESS WHEN SHE WAS CONVICTED OF SECOND DEGREE
MURDER AND THREE COUNTS … |
| 18A1229 |
Sam Newman v. Louisiana |
Louisiana |
2019-05-29 |
Presumed Complete |
|
eighth-amendment individualized-sentencing juvenile-sentencing life-without-parole miller-v-alabama second-degree-murder |
Question not identified. |
| 18-9094 |
Marty J. Hebert v. Louisiana |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment |
The State expert witness Dr. Emile Laga testified before the grand jury concerning his findings of the autopsy of the murder victim and the state secu… |
| 18-9032 |
Michael Slager v. United States |
Fourth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
civil-rights credibility-of-witness criminal-procedure due-process expert-testimony legal-standard officer-involved-shooting police-misconduct police-use-of-force second-degree-murder use-of-force voluntary-manslaughter |
Did the district court deny Petitioner's right to due process when it found that the underlying conduct at issue here——Officer Michael Slager's shooti… |
| 18-8727 |
Corey Wiggins v. Stanley Payne, Warden |
Eighth Circuit |
2019-04-08 |
Denied |
IFP |
certificate-of-appealability constitutional-rights criminal-procedure failure-to-investigate habeas-claim habeas-corpus ineffective-assistance ineffective-assistance-of-counsel second-degree-murder sixth-amendment voluntary-manslaughter |
WHETHER THE BELOW COURT, EIGHTH CIRCUIT COURT OF APPEALS ERRED IN WHETHER THE BELOW COURT, EIGHTH CIRCUIT COURT OF APPEALS, ERRED IN REFUSING TO GRANT… |
| 18-8244 |
Justin Keith Cornell v. Virginia |
Virginia |
2019-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
actus-reus appellate-review cause-of-death circumstantial-evidence criminal-agency criminal-conviction due-process jury-standard mens-rea reasonable-doubt second-degree-murder sufficiency-of-evidence |
As a result of state court proceedings, the Commonwealth of Virginia obtained a conviction before a jury for second-degree murder against Justin Corne… |
| 18-7626 |
Gregory Haynes v. Illinois |
Illinois |
2019-01-29 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-rights due-process fair-trial legal-standards miscarriage-of-justice second-degree-murder self-defense trial-court-error |
Whether the Petitioner was denied his constitutional rights to due process and a fair trial when the trial court made multiple comments that reflected… |
| 18-7116 |
Lonnie Anthony Jones v. United States |
Eleventh Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
armed-career-criminal-act curtis-johnson-v-united-states denard-stokeling-v-united-states edwin-deshazior-v-united-states florida-statute florida-statutes johnson-definition physical-force second-degree-murder violent-felony |
At issue in this matter is whether second-degree murder in Florida is a "violent felony" within the meaning of the elements clause of the Armed Career… |
| 18-6216 |
Musonda Mulenga v. United States |
District of Columbia |
2018-10-05 |
Denied |
Response WaivedIFP |
carpenter-v-united-states criminal-conviction criminal-procedure district-court-procedure district-of-columbia due-process fourth-amendment harmless-error judicial-precedent legal-conflict second-degree-murder superior-court supreme-court-review |
1. Whether the opinion from the District of Columbia Court of Appeals is in conflict with opinion of this Court in Carpenter v. United States, 136 S.C… |