self-defense

209 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6883 Francis James Acebo, Jr. v. United States Tenth Circuit 2026-02-24 Pending IFP criminal-procedure evidentiary-notice-requirement federal-rules-of-evidence first-degree-murder reverse-404b self-defense Mr. Acebo was tried for First Degree Murder (and other offenses) in connection with the shooting death of Derek Pappan. He asserted the defense of sel…
25-997 Sinnissippi Rod & Gun Club, Inc., et al. v. Kwame Raoul, Attorney General of Illinois, et al. Illinois 2026-02-20 Pending firearm-regulation open-carry public-carry right-to-bear-arms second-amendment self-defense District of Columbia v. Heller 554 U.S. 570, 612-613 (2008) explained that the Second Amendment protects the "right to carry arms openly." New York St…
25A903 Nima Moradi v. Florida Florida 2026-02-09 Application deadly-force ineffective-assistance jury-instructions prejudice-prong self-defense strickland-standard Question not identified.
25-6749 Colin Williams v. United States Second Circuit 2026-02-06 Pending Response WaivedIFP constitutional-rights criminal-statute felony-possession firearms-restriction second-amendment self-defense 18 U.S.C. § 922(g)(1) imposes a lifelong prohibition, punishable by up to 15 years' imprisonment, on the possession of any firearm or ammunition, for …
25-872 Kimberly LaFave, et al. v. Fairfax County, Virginia, et al. Fourth Circuit 2026-01-21 Pending Response Waived constitutional-challenge firearm-restriction public-parks second-amendment self-defense sensitive-places Fairfax County, Virginia, prohibits possession of firearms in its public parks, which consist of almost 24,000 acres of mostly wooded land across 420 …
25-6581 Michael David Dunn v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-01-14 Denied Response WaivedIFP AEDPA criminal-procedure federal-review habeas-corpus self-defense sufficiency-of-evidence 1. What is the standard of review for a federal habeas court for analyzing a sufficiency-of-the evidence claim under the Anti-Terrorism and Effective …
25A788 Kriston Price v. Ohio Ohio 2026-01-08 Application fifth-amendment fourteenth-amendment home-invasion self-defense sixth-amendment voluntary-manslaughter Question not identified.
25-6479 Leontis Cornelius v. United States Seventh Circuit 2026-01-05 Denied Response WaivedIFP criminal-recklessness felon-in-possession jury-trial self-defense sentencing-enhancement sixth-amendment 1.When the government seeks to aggravate the sentence of a felon in possession of a firearm (18 USC § 922 [g]) contending that he violated a State c…
25-6378 Kriston Price v. Ohio Ohio 2025-12-16 Denied IFP aggravated-murder criminal-procedure fourteenth-amendment jury-instruction self-defense sixth-amendment 1. Whether sufficient evidence existed to reject the defense of self defense where the defendant was violently attacked, beaten, and through the a mir…
25-6324 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er…
25-6183 Stephen C. Crawford v. United States Fourth Circuit 2025-11-20 Denied Response WaivedIFP fifth-amendment perjury reasonable-doubt self-defense sentencing-guidelines sixth-amendment 1. Whether this Court should adopt and encourage, when requested by a party, a definition of reasonable doubt to include "a doubt that would cause a r…
25-6063 Timothy LeBlanc v. United States Fifth Circuit 2025-11-07 Pending Response RequestedResponse WaivedIFP bruen-standard constitutional-rights felony-possession firearms-ban second-amendment self-defense 1. Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. § 922(g)(1), plainly unconstitutional on its face under New York…
25A504 Kimberly LaFave, et al. v. Fairfax County, Virginia, et al. Fourth Circuit 2025-11-03 Application constitutional-challenge firearm-possession local-government public-parks second-amendment self-defense Question not identified.
25-5961 Eva Marie Gardner v. Maryland Maryland 2025-10-27 Pending Amici (5)Response RequestedResponse WaivedIFP concealed-carry due-process full-faith-and-credit interstate-travel second-amendment self-defense 1. Does Maryland's prohibition on carrying a handgun without a state permit, as applied to an interstate traveler with a valid Virginia concealed carr…
25-356 Steven P. Mancuso v. New York New York 2025-09-24 Denied Response RequestedResponse WaivedRelisted (2) bruen-precedent constitutional-challenge criminal-conviction firearm-possession second-amendment self-defense The first question is whether New York's Penal Law § 265.03(3), § 265.02(1) and § 265.01-b(1), which prohibit the ownership of a firearm in the home o…
25-5637 Jeffrey Michel v. United States Eleventh Circuit 2025-09-16 Denied Response WaivedIFP bruen-test constitutional-challenge felony-disarmament firearm-possession second-amendment self-defense Pursuant to the Second Amendment analysis dictated by New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (2022), and clarified by United S…
25-5460 Joseph Thompson, Sr. v. United States Eighth Circuit 2025-08-25 Denied Response WaivedIFP common-law federal-prosecution homicide self-defense stand-ground violent-felony In Beard v. United States, 158 U.S. 550 (1895) and Brown v. United States, 256 U.S. 335 (1921), this Court recognized the common law right to stand on…
25-5429 Anthony Brian Walker v. United States Tenth Circuit 2025-08-21 Denied Response WaivedIFP affirmative-defense criminal-procedure jury-instructions self-defense sua-sponte substantial-evidence 1. In a criminal prosecution, when an affirmative defense—such as imperfect self-defense—is supported by substantial evidence, does the trial court ha…
25-5358 Deontay Tyre Compton v. United States Fourth Circuit 2025-08-14 Denied Response WaivedRelisted (6)IFP circuit-split constitutional-challenge felony-conviction firearm-possession second-amendment self-defense The question presented in this case is whether 18 U.S.C. § 922(g)(1)'s lifetime ban on firearm possession for all individuals previously convicted of …
25-5208 Jessie Bullock v. United States Fifth Circuit 2025-07-28 Denied Response WaivedIFP constitutional-rights criminal-statute felony-conviction firearm-prohibition second-amendment self-defense Section 18 U.S.C. § 922(g)(1) imposes a permanent, lifetime prohibition on possession of a firearm by a person previously convicted of any crime punis…
25A91 William Collins, III v. Pamela Jo Bondi, Attorney General, et al. Fourth Circuit 2025-07-23 Presumed Complete as-applied-challenge felon-in-possession firearms-regulation gun-rights second-amendment self-defense Question not identified.
25-5021 Dajavan Speaks v. United States Third Circuit 2025-07-02 Denied Response WaivedIFP certificate-of-appealability constitutional-challenge gun-possession nonviolent-offense second-amendment self-defense 1) Is § 922(g)(1) unconstitutional as applied to an individual when he was a victim of a drive by shooting and has been convicted of a non-violent pre…
24-7369 Shawn K. Bever v. United States Fourth Circuit 2025-06-06 Denied Response WaivedIFP bruen-test constitutional-rights firearms-regulation law-abiding-citizen second-amendment self-defense In New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), this Court adopted a two-step approach for analyzing whether regulation of the pos…
24-7367 Timothy D. Leners v. Ryan Schelhaas, Interim Attorney General of Wyoming, et al. Tenth Circuit 2025-06-06 Denied Response WaivedIFP amendment-rights castle-doctrine jury-instructions no-duty-to-retreat prosecutorial-misconduct self-defense ONE: Were Defendant's 2nd ((or 5th or 6th or 14th)) Amendment Rights violated when he was denied 'No Duty to Retreat' / ('Stand your Ground') Jury ins…
24A1191 Virginia Duncan, et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2025-06-04 Presumed Complete en-banc-review firearms-regulation magazine-capacity second-amendment self-defense strict-scrutiny Question not identified.
24-7257 Alejandro R. Duarte v. Nebraska Nebraska 2025-05-21 Denied Response WaivedIFP appellate-review criminal-procedure ineffective-assistance medical-evidence self-defense waiver I. In a he-said-she-said case involving allegations of physical assault with self-defense being raised as an affirmative defense, is defense counsel i…
24-6744 Tia Lyn Nicole Sulu-Kerr v. Arizona Arizona 2025-03-11 Denied Response WaivedIFP constitutional-rights criminal-code enumerated-rights legislative-restriction second-amendment self-defense Whether a state legislature may completely eliminate the enumerated right to self-defense, which is the second amendment's "central component", by lim…
24-936 Andrew Hanson, et al. v. District of Columbia, et al. District of Columbia 2025-02-28 Denied Amici (3) arms-ban common-use constitutional-rights dangerous-weapons second-amendment self-defense Whether the Second Amendment to the United States Constitution allows a categorical ban on arms that are indisputably common throughout the United Sta…
24-6653 John Douglas Alexander v. Jonathan Nance, Warden Fourth Circuit 2025-02-26 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process implied-malice jury-instructions self-defense Court err in finding that the Petitioner was not entitled to a due process review of the newly erased South Carolina Supreme Court procedure, governin…
24-6527 Hazhar A. Sayed v. Gilbert Caley, Warden, et al. Tenth Circuit 2025-02-10 Denied IFP competency-hearing criminal-procedure due-process ineffective-assistance pro-se-litigant self-defense 1) Whether The Doyle v. Ohio. 426 U.S. 610 (1976) violation had a substantial and injurious effect in determining the jury 's verdict? 2) Whether the…
24-6377 Marland Henry Gibson v. United States Fifth Circuit 2025-01-23 Denied Response WaivedIFP citizenship-clause constitutional-rights due-process legislative-acts natural-rights self-defense Whether the challenged legislative acts violate the Second Amendment right to keep and bear arms for self-defense, as protected by the U.S. Constituti…
24-6279 Dickens Etienne v. Michelle Edmark, Warden First Circuit 2025-01-13 Denied Response WaivedIFP brady-disclosure exculpatory-evidence first-degree-murder habeas-corpus prosecutorial-misconduct self-defense Where there was suppressed exculpatory evidence, in the form of a proffer letter demonstrating that a key prosecution witness who provided significant…
24-6166 Hector Arturo Campos v. Texas Texas 2024-12-17 Denied IFP criminal-procedure deadly-weapon legal-standard provocation self-defense sudden-passion In the review of a Sudden Passion case, is all evidence of former provocation immaterial? Trial transcript shows evidence was removed from the scene …
24-6144 Michael Roy Fuller v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-12-13 Denied IFP constitutional-rights criminal-appeal habeas-corpus malice self-defense vehicle-shooting 1. When does self-defense become malice? 2. When one is in a car and afraid for his life, how is it malice to shoot into the dashboard as a last reso…
24-6049 Mario Ray Childs v. Jeff Tanner, Warden Sixth Circuit 2024-11-27 Denied Response WaivedIFP constitutional-rights due-process fair-trial ineffective-assistance-of-counsel jury-instructions self-defense Was Petitioner Denied His Constitutional Right To Fair Trial And The Effective Assistance Of Counsel Where A Multitude Of Inactions On The Part Of Tri…
24-6046 Steven Eric Walker v. United States, et al. Ninth Circuit 2024-11-27 Denied Response WaivedRelisted (2)IFP constitutional-prohibition government-power right-to-bear-arms second-amendment self-defense weapons-regulation Does the unqualified constitutional prohibition established by the Second Amendment delegate to government a free-floating power to infringe upon the …
24-478 Omnisun Azali v. Ohio Ohio 2024-10-30 Denied Amici (1)Response Waived appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence Ohio's statutory law "allow ed" Petitioner Omnisun Azali ("Azali") to "act in self-defense[.]" Ohio Revised Code § 2901.05(B)(1) (effective Mar. 28, 2…
24-5853 Chad William Reed v. Oklahoma Oklahoma 2024-10-29 Denied IFP constitutional-rights criminal-prosecution due-process procedural-protections second-amendment self-defense i, Is if Mu thUihiL of cTujku ftOf q PfoSeciAthf h Prtvulty/y Cwmi)' \ 1Ziolihon It) fkny (X Citizen th'j StconJ /hmrtitHwf fijhf of Seif* htftnfi ■ …
24A369 Steven Walker v. United States, et al. Ninth Circuit 2024-10-18 Denied constitutional-burden due-process government-power second-amendment self-defense weapons-regulation 1. In District of Columbia v. Heller, 554 U.S. 570, (2008), this Court rejected the government's belief that it has a plenary power over the individua…
24-5652 Tiffany Smith v. Shannon Olds, Warden Sixth Circuit 2024-09-27 Denied IFP criminal-procedure due-process fourteenth-amendment jury-discretion provocation self-defense QUESTION 1 - Within the context of SUFFICIENCY of Jackson v. Virginia. 443 U.S. 307, at 317 n.10. When the defense of self-defense and provocation ha…
24-253 Avery Curry Archuleta, aka Avery Archuleta v. United States Ninth Circuit 2024-09-06 Denied Response Waived criminal-procedure jury-instruction legal-standard self-defense trial-court unanimity The Petitioner, Avery Curry Archuleta, asks this Court to clarify that trial courts instruct juries that any decision on a self-defense must be unanim…
24A174 Omnisun Azali v. Ohio Ohio 2024-08-14 Presumed Complete burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence Does express statutory permission to act in self-defense call down the protections of the Sixth and Fourteenth Amendments to the United States Constit…
24-120 David Schieferle v. United States Eleventh Circuit 2024-08-02 Denied 2nd-amendment atf-interpretation civil-rights constitutional-rights due-process firearms firearms-silencer national-firearms-act second-amendment self-defense silencers Whether items such as inline fuel filters and firearms solvent traps, which might be able to function to muffle or silence the report of a firearm, ca…
24-5171 Jeffrey Wayne Ross v. Edward Bickham, Warden Fifth Circuit 2024-07-30 Denied Relisted (2)IFP constitutional-rights defense-witnesses due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel non-homicide-case self-defense sixth-amendment 1. Whether or not the trial court and Fifth Circuit Court of Appeals erred when they made a decision that Petitioner didn't receive ineffective assist…
24-5036 Dalvon Curry, aka Dale, aka Dalo v. United States Second Circuit 2024-07-10 Denied Response WaivedIFP civil-rights combat-speech constitutional-protections deadly-force deadly-physical-force excessive-force law-enforcement penal-law retreat-duty self-defense use-of-force \AjaS %txt 6o&tCi**vV cvi^wce, Vo 'pehhov'ter ko^c-cbbor Czq^ctA by }vleuJ YorK Pencx,\ Unuj VW Xa>V v 35 \6 txYOO "po-Yif\onef l5 -£outore Vo feVfe«&…
23-1297 Michael Roane v. Tina Ray Fourth Circuit 2024-06-12 Denied clearly-established-law fourth-amendment fourth-amendment-seizure objective-reasonableness personal-property qualified-immunity self-defense summary-judgment unreasonable-seizure 1. Whether Roane's act had to be the "necessary" or "unavoidable" act, rather than within a range of objective reasonableness, to be considered an act…
23-7673 Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden Sixth Circuit 2024-06-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony 1.) WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO MOVE FOR A MISTRIAL, OR FILE A SEVERANCE MOTION IN THE CIRCUIT COURT, WHICH PREJUDICE HIS DEFENSE? FO…
23A1058 Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al v. Rhode Island, et al. First Circuit 2024-05-30 Presumed Complete arms-regulation bruen-test historical-tradition large-capacity-magazine second-amendment self-defense Whether Rhode Island's Large Capacity Feeding Device Ban Act of 2022, which criminalizes the possession of ammunition feeding devices capable of holdi…
23-7517 Christopher L. Wilson v. Hawaii Hawaii 2024-05-21 Denied Amici (5)Response RequestedResponse WaivedRelisted (9)IFP 2nd-amendment bruen-test civil-rights constitutional-rights criminal-procedure criminal-prosecution due-process licensing-scheme second-amendment self-defense standing supremacy-clause Whether the Bruen test determines when a State's criminal prosecution for carrying a handgun without a license violates the Second 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 …
23-7329 Alrick Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-04-29 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel premeditated-murder self-defense sixth-amendment I. The United States Supreme Court has held that a state criminal Appellant has Constitutional Right to a fair trial guaranteed by the Due Process Cla…
23-7257 Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-04-18 Denied IFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony A) Whether the jury used unreasonable facts to prove a premeditated design. Where there was sufficient [provocation] to find Petitioner not guilty. B…
23-7207 Dwayne K. Taylor v. Illinois Illinois 2024-04-11 Denied Response WaivedIFP constitutional-defect criminal-conviction criminal-procedure double-jeopardy due-process habeas-corpus jury-instructions necessity self-defense sentencing sentencing-enhancement 0. 4he \ri &{ Cowri CammiM&c/ ernoTT clet^jfirg 4^ie. doferrs^. reaue*& -fe 'OSinW^( ne^ass^^ even Ahe^ um% Som© iq <Jrta4 'C&cmxl rg £>U4^Yve:wl, ^ir…
23-1018 Harold Jean-Baptiste v. City of New York, New York, et al. Second Circuit 2024-03-18 Denied Response Waived 2nd-amendment civil-procedure civil-rights conceal-carry due-process gun-rights law-enforcement licensing-restrictions second-amendment self-defense standing takings Whether New York State Section 400 restrictions on conceal carry handgun license violate the Second Amendment. Under the provision of New York State S…
23-878 Javier Herrera v. Kwame Raoul, Attorney General of Illinois, et al. Seventh Circuit 2024-02-14 Denied Amici (1)Relisted (7) 2nd-amendment arms-protection civil-rights due-process free-speech historical-tradition second-amendment self-defense semiautomatic-rifles standard-magazines standing takings Whether semiautomatic rifles and standard handgun and rifle magazines do not count as "Arms" within the ordinary meaning of the Second Amendment's pla…
23-863 Dominic Bianchi, et al. v. Anthony G. Brown, in His Official Capacity as Attorney General of Maryland, et al. Fourth Circuit 2024-02-12 Denied Amici (1) 2nd-amendment bruen civil-rights common-use constitutional-rights due-process firearms-regulation gun-ownership heller individual-liberty second-amendment self-defense Whether the Constitution allows the government to prohibit law-abiding, responsible citizens from protecting themselves, their families, and their hom…
23-6559 Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. Third Circuit 2024-01-24 Denied Response WaivedRelisted (2)IFP appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements 1. Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that…
23-6521 Shawn Reeves v. New Jersey New Jersey 2024-01-22 Denied Response RequestedResponse WaivedRelisted (2)IFP 2nd-amendment civil-procedure civil-rights constitutional-rights due-process first-amendment-comparison new-jersey-law permit-requirement second-amendment self-defense standing takings Does prosecuting a person for possessing a firearm without a permit violate the Second and Fourteen Amendments when that person was unable to receive …
23-6270 Tony French v. Washington Washington 2023-12-15 Denied IFP civil-rights constitutional-rights due-process evidence police-misconduct property-rights search-and-seizure self-defense state-action vehicle-destruction vehicle-seizure Question not identified.
23-6205 Jeriah Scott Budder v. United States Tenth Circuit 2023-12-08 Denied Response WaivedIFP criminal-jurisdiction due-process ex-post-facto federal-prosecution indian-country major-crimes-act mcgirt-v-oklahoma self-defense Whether the Tenth Circuit contravened this Court's precedents in ruling that Petitioner was not denied due process of law — based on ex post facto pri…
23-6092 Joe Lawrence Gallegos v. United States Tenth Circuit 2023-11-22 Denied Response WaivedIFP appellate-review circuit-split criminal-enterprise criminal-law federal-courts gang-status gang-violence purpose-doctrine self-defense self-preservation statutory-interpretation vicar-murder Whether acting on the immediate instinct for self-preservation constitutes acting for the purpose of "maintaining or increasing position in an enterpr…
23-526 Charles Nichols v. Gavin Newsom, Governor of California, et al. Ninth Circuit 2023-11-17 Denied Amici (1)Response Waived 2nd-amendment civil-procedure civil-rights constitutional-law due-process firearms-rights fourteenth-amendment second-amendment self-defense standing 1. Does the Second Amendment protect the keeping and bearing of loaded and unloaded rifles, shotguns, and handguns, in case of confrontation, for th…
23-6030 Gregory P. Burleson v. United States Ninth Circuit 2023-11-16 Denied Response WaivedIFP confession corroborating-evidence defense-of-others excessive-force federal-law law-enforcement reasonable-doubt self-defense supreme-court 1. Is a citizen entitled to act in self-defense or defense of others against law enforcement officers if he has a reasonable belief that there is an i…
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…
23-5868 Nicky S. Keo v. Massachusetts Massachusetts 2023-10-24 Denied Response WaivedIFP 2nd-amendment civil-rights constitutional-rights criminal-penalty due-process felony firearm-licensing licensing mandatory-minimum second-amendment self-defense The Commonwealth of Massachusetts requires its citizens to get permission from their local police departments before they can exercise their right to …
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…
23-5230 Steven Poppo v. Illinois Illinois 2023-07-28 Denied IFP assistance-of-counsel attempted-robbery constitutional-rights criminal-intent deadly-force due-process equal-protection fair-trial homicide self-defense use-of-force Question not identified.
23-82 Joshua Isaiah Joyner v. Texas Texas 2023-07-27 Denied Response Waived constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to …
22-7788 Deandre J. Baskerville v. Tim McConahay, Warden Sixth Circuit 2023-06-14 Denied Response WaivedIFP 14th-amendment constitutional-rights due-process equal-protection fair-trial jury-instructions prosecutorial-misconduct self-defense Question #1: Was Petitioner's due process and equal protection of law rights to a fair trial under the 14th Amendment of the U.S. Constitution violate…
22-7687 James Jones v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-06-01 Denied IFP constitutional-law criminal-procedure criminal-sentencing due-process evidence ineffective-assistance-of-counsel judicial-discretion retroactive-application self-defense statutory-interpretation verbal-threat Question not identified.
22-971 Glenn Henderson v. Sony Pictures Entertainment Inc., et al. North Carolina 2023-04-07 Denied civil-rights constitutional-rights criminal-law due-process employment-dispute first-amendment free-speech legal-threat pro-se-litigation self-defense threat Is it legal to say you will attempt to defend yourself if attacked? Does it make a difference if the persons warned committed several or many felonie…
22-7227 Jared B. Goudy v. Jennifer E. Caluori Florida 2023-04-06 Denied Response WaivedRelisted (2)IFP civil-action civil-immunity constitutional-rights criminal-activity driving-under-the-influence due-process immunity self-defense stand-your-ground statutory-interpretation Florida's Second District Court of Appeal affirmed the Twelfth Judicial Circuit's dismissal of Petitioner's case. Following an evidentiary hearing, th…
22-7070 Kenneth Douglas Clark, III v. Pennsylvania Pennsylvania 2023-03-22 Denied IFP 6th and 8th Amendment rights by refusing to drop char and allowing a biased jury verdict excluding his self-defense claim constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-bias jury-exclusion prosecutorial-misconduct self-defense sentencing sentencing-guidelines trial-procedure 1. Is the Commonwealth of Pennsylvania in violation of the Petitioner's 5th and 8th amendment by refusing not to drop all charges against the Petition…
22-848 James Douglas Fox v. Mark Campbell, et ux. Sixth Circuit 2023-03-08 Denied Response RequestedResponse WaivedRelisted (2) county-of-sacramento-v-lewis excessive-force fourteenth-amendment fourth-amendment graham-v-connor law-enforcement qualified-immunity seizure self-defense unreasonable-force Petitioner James Fox performed a welfare check at the home of Respondents Mark Campbell and Sherrie Campbell. Mark stated through the closed front doo…
22-6752 Enrique Nunes Lopez v. Josie Gastelo, Warden Ninth Circuit 2023-02-10 Denied Response WaivedIFP 14th-amendment 2nd-amendment certificate-of-appealability home-defense justifiable-homicide self-defense I. Given the Second and Fourteenth Amendment rights to possess a firearm in the home for self-defense, and where the evidence tended to favor a verdic…
22-563 Randall Greer, Individually and as Personal Representative of the Estate of Christopher Greer, Deceased v. James Haman, et al. Eleventh Circuit 2022-12-20 Denied Response Waived deadly-force fourth-amendment graham-v-connor jury-instruction law-enforcement probable-cause self-defense tennessee-v-garner use-of-force A law enforcement officer's use of deadly force in self-defense is not constitutionally unreasonable. Courts throughout the nation universally agree t…
22-5924 Carl Jones v. Pennsylvania Pennsylvania 2022-10-27 Denied Response WaivedIFP appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence I. Does the well-settled standard and scope of review governing sufficiency-of-the-evidence claims - a standard and scope of constitutional dimension …
22-325 Adam Bruzzese v. Merrick B. Garland, Attorney General Second Circuit 2022-10-07 Denied Response Waived administrative-law adverse-employment-action constitutional-rights due-process employment-action ex-parte-statements government-employment preponderance-of-evidence procedural-fairness self-defense Can the adverse employment action against Adam Bruzzese stand if it was administered in a manner which does not satisfy due process requirements? Can…
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…
22-5243 Grover D. Cannon v. Louisiana Louisiana 2022-08-01 Denied Response WaivedIFP actus-reus constitutional-law criminal-procedure defense-counsel mccoy-v-louisiana mens-rea right-to-autonomy self-defense sixth-amendment Did Louisiana's courts violate Grover D. Cannon's Sixth Amendment rights recognized in McCoy by allowing Mr. Cannon's defense counsel over Mr. Cannon'…
22-5019 Amber Renee Guyger v. Texas Texas 2022-07-01 Denied IFP constitutional-review criminal-procedure due-process jackson-v-virginia legal-sufficiency mistake-of-fact self-defense 1. Under the legal sufficiency standard of Jackson v. Virginia, does a court violate due process by concluding that self-defense and mistake-of-fact a…
21-8098 Rocky Christian v. Florida Florida 2022-06-09 Denied Response WaivedRelisted (2)IFP anders-review appellate-procedure appellate-review fourteenth-amendment jury-instruction plain-error self-defense self-defense-instruction sixth-amendment Did the Fifth District Court of Appeal for the State of Florida conduct an adequate review of the record pursuant to Anders v. California 386 U.S. 738…
21-1485 In Re Eileen Vey 2022-05-25 Denied Response Waived civil-rights constitutional-rights criminal-procedure criminal-venue due-process equal-protection ineffective-assistance-of-counsel judicial-bias prosecutorial-misconduct retaliation self-defense WHETHER THIS COURT SHOULD ORDER APPROPRIATE OFFICIALS TO CLEAR HER RECORD OF ALL CHARGES SINCE SHE WAS DEPRIVED OF "REASONABLE DOUBT" AND CLEAR EVIDEN…
21-1440 Mark T. McCloskey v. Missouri Office of Chief Disciplinary Counsel Missouri 2022-05-13 Denied Response Waived 2nd-amendment due-process fourteenth-amendment moral-turpitude pardon professional-misconduct right-to-bear-arms second-amendment self-defense Whether the Second Amendment and Due Process Clause of the Fourteenth Amendment of the United States Constitution permit an attorney to be sanctioned …
21-1422 Brett Ferris v. Chrystal Scism, Individually and as Administratrix of the Estate of Joshua Scism Second Circuit 2022-05-05 Denied Amici (2) 2nd-amendment civil-rights deadly-force due-process fourth-amendment lethal-force police-procedure qualified-immunity self-defense standing use-of-force Does the doctrine of qualified immunity shield a police officer from suit (not merely from judgment) where his/her split-second decision to deploy let…
21-1341 Wysingo Turner v. Christine Brannon-Dortch, Warden Seventh Circuit 2022-04-11 Denied Response Waived 2nd-amendment civil-rights criminal-defendant criminal-procedure due-process federal-law firearm-possession murder-trial self-defense standing state-court Whether a state court's decision that a criminal defendant can be falsely accused during his state criminal murder trial of "illegally" possessing out…
21-7458 Derek Williamson v. Jason Clendenion, Warden Sixth Circuit 2022-03-24 Denied Response WaivedIFP circuit-split due-process jury-trial-rights lenient-standard self-defense summary-remand I. Does the failure to give a self-defense jury instruction contradict, or is an unreasonable application of, clearly established federal law regardin…
21-7362 Kyle Kurtz v. David W. Gray, Warden Sixth Circuit 2022-03-14 Denied Response WaivedIFP civil-rights due-process ex-post-facto free-speech habeas-corpus prosecutorial-misconduct reasonable-doubt rules-of-court self-defense Are the rules promulgated by the United States Supreme Court not being enforced by the judges representing the Kingdom of Judah or are the law enforce…
21-7249 Jacob Ivan Hill v. United States Fourth Circuit 2022-03-02 Denied Response WaivedIFP capital-punishment civil-rights due-process effective-assistance-of-counsel ineffective-assistance mitigating-evidence prosecutorial-misconduct right-to-counsel self-defense sentencing-phase sixth-amendment Question not identified.
21-1194 Virginia Duncan, et al. v. Rob Bonta, Attorney General of California Ninth Circuit 2022-03-02 GVR Amici (5)Relisted (2) 2nd-amendment civil-rights due-process magazine-ban property-rights scrutiny-standard second-amendment self-defense standing takings takings-clause In District of Columbia v. Heller, this Court held that the Second Amendment protects arms that are "typically possessed by law-abiding citizens for l…
21-6740 Teddy Chiquito v. United States, et al. Tenth Circuit 2021-12-29 Denied Response WaivedRelisted (2)IFP civil-rights criminal-conviction due-process equal-protection indian-civil-rights-act restitution-damages self-defense tribal-bill-of-rights tribal-law 1. Whether the Government and a Tribal Law Enforcement Employer can arbitrarily convict a Tribal Police Officer, by violating his due process rights a…
21-910 David Zaitzeff v. City of Seattle, Washington Washington 2021-12-21 Denied Response Waived 2nd-amendment blade-length civil-rights constitutional-rights fixed-blade-knives knife-carry municipal-code second-amendment self-defense standing The city of Seattle has a municipal code. This code prohibits the public carry of knives by ordinary, law-abiding citizens, speaking of knives which a…
21-902 Dominic Bianchi, et al. v. Brian Frosh, Attorney General of Maryland, et al. Fourth Circuit 2021-12-20 GVR Amici (5)Response RequestedResponse WaivedRelisted (3) 2nd-amendment arms-possession civil-rights constitutional-rights due-process firearms firearms-regulation heller-precedent second-amendment self-defense standing takings Whether the Constitution allows the government to prohibit law-abiding, responsible citizens from protecting themselves, their families, and their hom…
21-6662 Bryant Christopher Watts v. Texas Texas 2021-12-17 Denied IFP affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court DID THE COURT OF APPEALS ERR IN AFFIRMING THE TRIAL COURT WHERE EVIDENCE IS INSUFFICIENT TO SUPPORT THE AFFIRMATIVE DEFENSE OF SELF DEFENSE BEYOND A R…
21-6586 Mark James Martinez v. California California 2021-12-13 Denied IFP california-law civil-rights common-law constitutional-right deadly-force due-process fundamental-right governmental-interest heightened-scrutiny imminent-harm self-defense Whether California's rule that self-defense is not available when a person does not act out of fear alone impermissibly infringes on the constitutiona…
21-6120 Javier Perez v. United States Second Circuit 2021-10-28 Denied IFP 2nd-amendment circuit-split civil-rights constitutional-rights due-process firearms heller-interpretation immigration second-amendment self-defense standing undocumented-immigrants 1. Whether an undocumented immigran t like Javier Perez, who came to the United States over 15 years ago and de veloped substantial ties to this count…
21-6044 Kenneth Jay Still v. United States Eighth Circuit 2021-10-25 Denied Response WaivedIFP affirmative-defense criminal-law due-process eighth-circuit firearm-possession firearms justification justification-defense police-contact prohibited-person self-defense Several circuits have held that justification is a cognizable affirmative defense to the charge of being a prohibited person in possession of a firear…
21-6063 Jason William Custer v. Scott R. Frakes, Director, Nebraska Department of Correctional Services, et al. Eighth Circuit 2021-10-22 Denied Response WaivedIFP 5th-6th-14th-amendments due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jury-instructions miranda-rights pauper-defendant postconviction procedural-bar self-defense This is a First Degree Murder case, which resulted in the finding of guilt on all charges and a Life Without the Possibility (LWOP) sentence plus and …
21-5931 Noe Lopez Suchite v. New York New York 2021-10-08 Denied IFP constitutional-rights criminal-procedure due-process jury-information penal-law right-to-bear-arms second-amendment self-defense trial-transcripts NY-PENAL'LAW' '35.15 JUSTIFICATION . I reasonably believes to defend myself,when I am risk of peril, whenever can be in my defense. I. AM JUSTIFY 4.CO…
21-5905 Mitchell L. Christen v. Wisconsin Wisconsin 2021-10-05 Denied Response RequestedResponse WaivedRelisted (2)IFP 2nd-amendment alcohol-intoxication civil-rights constitutional-rights criminal-statute due-process firearm-possession self-defense standing state-regulation takings Wisconsin Statute §941.20(1)(b) criminalizes possessing a firearm while under the influence of alcohol. Mitchell Christen had five drinks over an even…
21-5878 Linaker Charlemagne v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-05 Denied IFP civil-procedure conflict-of-interest constitutional-rights due-process evidentiary-hearing newly-discovered-evidence self-defense service-of-process 1. Whether District Court, departed from essential requirements of law, by not perfecting service on Petitioner in a timely manner, which denied cons…
21-5765 Tyrus D. Coleman v. Ron Neal, Warden Seventh Circuit 2021-09-23 Denied Response WaivedIFP attempted-murder constitutional-review double-jeopardy habeas-corpus judicial-procedure murder retrial self-defense state-court-review 1. Whether, even after Wilson v. Sellers, 584 U.S. ___, 138 S. Ct. 1188 (2018), when the last state court to decide a prisoner's federal claim explain…
21-5596 Carl William Frazier v. California California 2021-09-08 Denied IFP 5th-amendment criminal-negligence due-process involuntary-manslaughter jury-instructions knife-assault lesser-included-offense self-defense sua-sponte-instruction In a murder case, may a defendant's inherently assaultive felonious conduct - ie, the use of a knife for the purpose of unreasonagle self-defense - af…
21-5464 Steven Eric Walker v. United States, et al. Ninth Circuit 2021-08-24 Denied Response WaivedRelisted (3)IFP 2nd-amendment civil-rights constitutional-rights due-process government-regulation individual-liberty second-amendment self-defense standing supremacy-clause In District of Columbia v. Heller, this Court acknowledged that the Second Amendment protects a pre-existing fundamental right to armed self-defense w…
21-215 Barry J. Smith, Sr. v. United States Congress, et al. Seventh Circuit 2021-08-13 Denied Response Waived 13th-amendment 2nd-amendment civil-rights constitutional-jurisdiction due-process government-consent petition-for-redress second-amendment self-defense thirteenth-amendment Does petitioner need the government's consent to petition the government for redress of his grievance that the government has held him in Thirteenth A…
21-5371 James Roland Henderson v. California California 2021-08-13 Denied IFP criminal-intent criminal-procedure evidence-exclusion familial-violence first-degree-murder homicide imperfect-self-defense jury-instructions parental-relationship religious-beliefs self-defense special-circumstances Question not identified.
21-5257 Jermaine Latwone Haynes v. Willis Chapman, Warden Sixth Circuit 2021-07-29 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fair-trial ineffective-assistance self-defense sentencing-mitigation Was Petitioner Denied His Constitutional Right To The Effective Assistance Of Counsel and A Fair Trial Proceeding, Pursuant To U.S. Const., Amends Vi,…
20-1819 Lawrence B. Hughes v. Georgia Georgia 2021-06-30 Denied 14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review Is it a requirement within State Statute of Fed eral law for an indictment to be clear and precise within accusation? In review of deliberation stag…
20-1783 Jacob Christine v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2021-06-23 Denied and an ex-post-facto violation jury instruction errors ada-pleading-5th bagley-exception brady-violation certificate-of-appealability due-process jury-instruction pcra-hearing pinholster self-defense unavailable-declarant Certiorari is sought re the erroneous denial of a C.O.A. or Reergument in the 3rd Cir. Ct. of Appeals, perhaps most notable among the questions presen…
20-8235 Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2021-06-04 Denied Response WaivedIFP expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment, when his trial counsel failed to understand the applica…
20-1639 George K. Young, Jr. v. Hawaii, et al. Ninth Circuit 2021-05-25 GVR Amici (6)Relisted (2) 2nd-amendment circuit-split civil-rights concealed-carry due-process home-defense right-to-bear-arms second-amendment self-defense standing 1. Whether the Ninth Circuit erred in holding, in direct conflict with the holdings of the First, Seventh and D.C. Circuits, that the Second Amendment…
20-8035 James W. Moore v. Ohio Ohio 2021-05-14 Denied IFP 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense (1) Is Ohio's Castle Doctrine unconstitutional as it does not include one's entire property as the residence while a person acting in self-defense is …
20-8018 Deshaun Tisdale v. United States Sixth Circuit 2021-05-13 Denied Response WaivedIFP assault assault-with-dangerous-weapon common-law-self-defense criminal-law firearms-offense jury-instruction michigan-common-law michigan-law racketeering racketeering-conspiracy self-defense use-of-firearm In a racketeering conspiracy case involving convictions for Assault with a Dangerous Weapon in Aid of Racketeering and Use of a Firearm During a Crime…
20-7899 Christopher Middleton v. Georgia Georgia 2021-04-30 Denied Response WaivedIFP criminal-procedure due-process essential-elements harmless-error indictment-sufficiency jury-disbelief self-defense standard-of-review sufficiency-of-evidence Whether a finding of guilt can be predicated on the jury's disbelief of a defendant's statements where the defendant does not testify and the State fa…
20-7897 Steve L. Stanaland, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-04-29 Denied Response WaivedIFP 2nd-amendment circumstantial-evidence constitutional-rights due-process evidence-suppression exculpatory-evidence firearm-possession right-to-counsel second-amendment self-defense This may very well be in this case and across the Nation . the most important and the biggest question is. (Specifically) [If] y°u live in the middle …
20-7714 Dario Reyes-Torres v. United States Fifth Circuit 2021-04-13 Denied IFP civil-rights constitutional-interpretation due-process immigration individual-rights right-to-bear-arms second-amendment self-defense standing undocumented-immigrants Whether resident undocumented immigrants are part of the people whose right to keep and bear arms for individual self defense the second amendment pro…
20-1419 Reb Russell, II v. New Jersey New Jersey 2021-04-09 Denied Response RequestedResponse WaivedRelisted (2) 2nd-amendment civil-procedure civil-rights constitutional-rights due-process firearm-carry home-defense intermediate-scrutiny second-amendment self-defense standing takings In District of Columbia v. Heller, this Court held that the Second Amendment protects "the individual right to possess and carry weapons in case of co…
20-1298 Demetreus A. Keahey v. Dave Marquis, Warden Sixth Circuit 2021-03-19 Denied Response RequestedResponse WaivedRelisted (2) 14th-amendment 6th-amendment clearly established federal law regarding a defen criminal-procedure jury-trial or is an unreasonable application of self-defense due-process fourteenth-amendment habeas-corpus jury-trial self-defense sixth-amendment Whether the failure to give a self-defense jury instruction contradicts, or is an unreasonable application of, clearly established federal law regardi…
20-7500 Christopher Nathaniel Brown v. Florida Florida 2021-03-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process extrinsic-evidence self-defense state-courts victim-history Does Florida state courts deny defendants their Due Process Rights when the courts exclude extrinsic evidence which would corroborate defendant's know…
20-7318 Alex Warren Klinger v. Oklahoma Oklahoma 2021-03-03 Denied IFP appellate-review constitutional-law criminal-liability double-jeopardy due-process jackson-standard search-warrant self-defense treaties 1. Whether an appellate court must apply the standard laid out in this Court's decision in Jackson v. Virginia to determine whether the State has disp…
20-1151 Libertarian Party of Erie County, et al. v. Andrew M. Cuomo, Individually and as Governor of the State of New York, et al. Second Circuit 2021-02-23 Denied 2nd-amendment civil-rights due-process heller licensing-discretion may-issue-law mcdonald pistol-permit second-amendment self-defense standing This case presents one big issue that necessarily requires the resolution of a number of critical subsidiary issues. 1. Should the State of New York,…
20-7171 Luis Javier Correa-Figueroa, aka Barney, aka Gordo v. United States First Circuit 2021-02-17 Denied Response WaivedIFP criminal-intent criminal-procedure district-court-ruling evidence evidence-exclusion federal-property intent motion-for-acquittal procedural-error self-defense use-of-force (A) WHETHER THE DISTRICT COURT COMMITTED A PROCEDURAL ERROR WHEN IT EXCLUDED EVIDENCE THAT PETITIONER WAS SHOT 11 TIMES, AND AS HE WAS TRYING TO EVADE…
20-7011 Hemmingway Mukora Saisi v. Carolyn Murray, et al. Third Circuit 2021-02-02 Denied Response WaivedIFP civil-rights constitutional-rights deliberate-indifference due-process equal-protection protection-claim self-defense stare-decisis state-criminal-procedure state-officials A. Were my conshene} wighks do the & pr ok echion clayse Vielahed, r " aval Rs Were ny Due Process sjahks VialakeSu wh ~ Bet enblonk by Het en A) OMI…
20-1040 Michael Aaron Strickland v. Oregon Oregon 2021-01-29 Denied Response Waived 2nd-amendment constitutional-rights due-process prior-experiences reasonable-person second-amendment self-defense state-of-mind Did the Oregon courts err in holding that there is no Constitutional right of self-defense except for when someone like the judge would have behaved t…
20-6958 Luis C. Paulino v. Thomas Griffin, Superintendent, Green Haven Correctional Facility Second Circuit 2021-01-28 Denied Response WaivedIFP 2nd-amendment burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection justification-defense self-defense standing takings WHETHER A DEFENDANT IN CERTAIN SITUATIONS MAY BE UPON PRESUMPTION OF VINDICTIVENESS FOR EXERCISING RIGHT TO TRIAL WHETHER PRO-SE PLEADINGS IN THE UNI…
20-997 Arlane James, et al. v. Noah Bartelt Third Circuit 2021-01-26 Denied Response RequestedResponse WaivedRelisted (5) civil-procedure civil-rights deadly-force johnson-v-jones law-enforcement officer-involved-shooting qualified-immunity self-defense summary-judgment third-circuit use-of-force 1. Whether the Third Circuit's decision to exercise jurisdiction over an appeal of the District Court's denial of qualified immunity on a motion for s…
20-843 New York State Rifle & Pistol Association, Inc., et al. v. Kevin P. Bruen, in His Official Capacity as Superintendent of New York State Police, et al. Second Circuit 2020-12-23 Judgment Issued Amici (89)Relisted (4) 2nd-amendment civil-rights constitutional-rights due-process government-prohibition handgun-carry heller law-abiding-citizens mcdonald second-amendment self-defense standing Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.
20-840 Kenneth Knowles v. Officer Jason Michael Hart Eleventh Circuit 2020-12-22 Denied 2nd-amendment 4th-amendment civil-rights deadly-force due-process fourth-amendment police-entry second-amendment self-defense standing use-of-force 1. Does the Fourth Amendment authorize a police officer to use deadly force against a citizen exercising her Second Amendment right to wear a holstere…
20-6675 Augustine L. Cavitte v. Nebraska Nebraska 2020-12-21 Denied Response WaivedIFP criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness 1) Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals…
20-812 Lisa M. Folajtar v. Merrick B. Garland, Attorney General, et al. Third Circuit 2020-12-15 Denied Amici (5) 2nd-amendment as-applied-challenge constitutional-rights felons felony-prohibition firearm-possession nonviolent-crimes second-amendment self-defense tax-fraud Whether 18 U.S.C. § 922(g)(1), which permanently prohibits nearly all felons—even those convicted of nonviolent crimes—from possessing firearms for se…
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…
20-6275 William Ford v. Mike Parris, Warden Sixth Circuit 2020-11-12 Denied IFP burden-of-proof ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-post-conviction-counsel post-conviction-counsel prejudice-prong procedural-default self-defense sufficiency-of-the-evidence trial-counsel 1. WOULD JURIST OF REASON DISAGREE AND FIND DEBATABLE THE CORRECTNESS OF THE SIXTH AND DISTRICT COURTS' FINDING OF EFFECTIVE ASSISTANCE OF COUNSEL WHE…
20-6276 Arek R. Fressadi v. Arizona, et al. Arizona 2020-11-12 Denied Response WaivedIFP burden-of-proof constitutional-violations court-rules due-process equal-protection first-amendment ineffective-assistance judicial-misconduct judicial-review oath-of-office procedural-default self-defense state-law supreme-court trial-counsel venue-transfer venue-transfer 20-6275" Would a jurist of reason find debatable the correc 1) Whether failures to apply mandatory language of the U.S. Constitution, U.S. Supreme Court rulings, state law, and court rules are violations of the…
20-6277 Percy Allen Stucks v. Florida Florida 2020-11-12 Denied Response WaivedIFP castle-doctrine civil-rights criminal-law domestic-violence due-process florida-law imminent-danger residential-defense self-defense stand-your-ground 1. Does a resident have the right to stand their ground in their residential property in Florida? 2. Is a resident required to leave their residentia…
20-5884 Charles Chad Giese v. California California 2020-10-01 Denied Response WaivedIFP criminal-procedure custodial-interrogation due-process miranda-rights prosecutorial-misconduct right-to-counsel right-to-defense self-defense self-incrimination I. Did Police Violated Giese's Miranda Rights by Interrogating Him While He was in Custody? II. By Excluding Evidence of the Decedent's Drug Use, Was…
20-5721 Sheyna Douprea v. Janel Espinoza, Warden Ninth Circuit 2020-09-16 Denied Response WaivedIFP battered-woman-syndrome ineffective-assistance ineffective-assistance-of-counsel mental-health post-traumatic-stress-disorder prejudice prejudice-analysis self-defense strickland-standard strickland-v-washington Sheyna Douprea was convicted of first degree murder after she stabbed her boyfriend with a pocketknife while he tried to strangle her. At trial, Doupr…
20-5644 Jonathan Limary v. Maine Maine 2020-09-10 Denied Response WaivedIFP constitutional-rights defense-of-others fair-trial impartial-jury jury-selection self-defense sixth-amendment voir-dire Did the lower court deny Jonathan Limary the right to a fair and impartial jury under the Sixth Amendment of the United States Constitution, by denyin…
20-5462 Smith Ellison, Jr. v. Robert Neuschmid, Warden Ninth Circuit 2020-08-28 Denied IFP certificate-of-appealability civil-procedure complete-defense constitutional-rights due-process evidence-preclusion motion-for-reconsideration remorse self-defense standing Whether Petitioner is entitled to a certificate of appealability to appeal a denial of the Motion for Reconsideration.
20-5430 Anthony G. Meyers v. Cathy Jess, Warden Seventh Circuit 2020-08-20 Denied Response WaivedIFP criminal-law duty-to-retreat first-degree-reckless-homicide homicide ineffective-assistance-of-counsel jury-instructions self-defense utter-disregard 1. Was there sufficient evidence of utter "utter disregard for human life" to support a first degree reckless homicide conviction? 2. Should addition…
20-5313 Melquan Tucker v. New York New York 2020-08-10 Denied Response WaivedIFP 2nd-amendment civil-rights constitutional-challenge district-of-columbia-v-heller due-process felony-penalties home-protection second-amendment self-defense strict-scrutiny takings Whether New York's Penal Law § 265.01-b(1) is unconstitutional as applied where it imposes criminal, felony penalties when citizens fail to ask for th…
20-5299 Antonio Benson v. Tennessee Tennessee 2020-08-07 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process evidence jury-instruction jury-instructions self-defense I. Whether the ruling of the Tennessee Supreme Court, which reversed the opinion of the Tennessee intermediate appellate court, that the Petitioner wa…
20-5265 Hazhar A. Sayed v. Colorado Colorado 2020-08-05 Denied Response WaivedIFP competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense Whether the trial court violated Sayed's constitutional right to remain silent and reversibly erred when it allowed the government to question a DOC i…
20-5169 Randy A. Thomas v. Ohio Ohio 2020-07-24 Denied IFP developmental-delay fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel low-iq mental-capacity self-defense sixth-amendment social-security Ohio places the burden of proof and persuasion in a self defense case on the person asserting self defense. A person's state of mind is relevant in a …
20-5025 Eddie Matthew Amos v. Tommy Bowen Eleventh Circuit 2020-07-13 Denied Response WaivedRelisted (2)IFP convicted-felon criminal-defense criminal-procedure effective-assistance-of-counsel fair-trial felon-in-possession firearm-possession ineffective-assistance-of-counsel jury-instructions self-defense (Ground One): Is a criminal defendant, who is also a previously convicted felon, denied a fair trial and the effective assistance of counsel when de…
19-8882 George Donald Hatt, Jr. v. Washington Washington 2020-07-02 Denied IFP burden-of-proof due-process first-aggressor jury-instruction self-defense sua-sponte substantial-rights sufficiency-of-evidence Did the First Aggressor Jury Instruction, issued sua sponte, violate due process by relieving the state of its burden to disprove self-defense? 2. Do…
19-8727 Felton Ladell Humphries, Jr. v. S. Sherman, Warden Ninth Circuit 2020-06-17 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process first-degree-murder jury-instruction self-defense voluntary-manslaughter DOES HUMPHRIES HAVE A FUNDAMENTAL RIGHT GUARANTEED BY THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO A PROPERLY INSTRUCTED JURY DETERMINING THAT ALL E…
19-1303 Earnest Cassell Woods, II v. California California 2020-05-20 Denied criminal-law criminal-procedure due-process mens-rea murder-conviction natural-probable-consequences resentencing retroactive retroactivity self-defense senate-bill-1437 sentencing statutory-interpretation 1. DOES SENATE BILL 1437 ADDED SECTION 1170.95, WHICH PERMITS PERSONS CONVICTED OF MURDER UNDER THE NATURAL AND PROBABLE CONSEQUENCES THEORY TO PETITI…
19-8314 Reginald Ward v. Scott Crow, Director, Oklahoma Department of Corrections Tenth Circuit 2020-04-21 Denied IFP actual-innocence circumstantial-evidence constitutional-provisions constitutional-rights criminal-procedure due-process forensic-evidence jurisdiction self-defense statutory-interpretation Question not identified.
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…
19-7750 Russell Patrick Brown v. Kenneth D. Hutchison, Warden Sixth Circuit 2020-02-24 Denied Response WaivedIFP 1st-degree-murder constitutional-due-process constitutional-violation conviction criminal-conviction due-process insufficient-evidence jackson-v-virginia jury-instruction premeditation self-defense supreme-court-precedent (1) Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder convictio…
19-7378 Octavio Diaz v. San Bernardino County, California, et al. California 2020-01-22 Denied IFP 2nd-amendment brady-v-maryland brady-violation circuit-conflict civil-rights civil-rights-violation discriminatory-arrest due-process free-speech manuel-v-city-of-joliet probable-cause second-amendment self-defense Petitioner 's case was wrongly affirmed by the California Court of Appeal for reasons of "probable cause ", despite the fact that Manuel v. City of J…
19-7232 Francisco Argenis Parra v. Joe A. Lizarraga, Warden Ninth Circuit 2020-01-09 Denied IFP accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction I. Did Trial Counsel Render Ineffective Assistance by Failing to Request an Adequate Supplemental Credibility Instruction? II. Did Trial Counsel Rend…
19-6923 Adrian Alaniz v. Scott Frauenheim, Warden Ninth Circuit 2019-12-13 Denied Response WaivedIFP certificate-of-appealability confrontation-clause confrontation-clause-violation due-process harmless-error hearsay hearsay-evidence justifiable-homicide manslaughter prejudice prosecutorial-misconduct second-amendment self-defense standard-of-review I. Where the evidence tended to favor a verdict of justifiable homicide or a lesser verdict of manslaughter, has Petitioner presented a "debatable " i…
19-704 Matthew D. Wilson, et al. v. Cook County, Illinois, et al. Seventh Circuit 2019-12-03 Denied Amici (1)Relisted (7) 2nd-amendment civil-rights common-use common-use-test due-process firearms-regulation heller heller-precedent local-government-restriction second-amendment self-defense standing takings This Court has held that the Second Amendment "guarantee[s] the individual right to possess and carry weapons in case of confrontation." District of C…
19-694 Heather Baker, as Personal Representative of the Estate of Kyle Baker, Deceased v. City of Trenton, Michigan, et al. Sixth Circuit 2019-12-02 Denied Response Waived civil-rights due-process excessive-force fourth-amendment home-invasion police-conduct police-procedure search-and-seizure second-amendment self-defense standing warrantless-search I. 1. Whether, consistent with the Second Amendment right to bear arms, police can conduct a warrantless search of a private home based on the residen…
19-642 Shawntele Cortez Jackson v. Kathy Litteral Sixth Circuit 2019-11-19 Denied Response Waived brecht-standard chapman-standard esparza-standard habeas-corpus habeas-review harmless-error self-defense sixth-circuit 1. Whether the Sixth Circuit erred in applying the Esparza harmless error standard, instead of the Brecht harmless error standard on federal habeas re…
19A536 Octavio Diaz v. San Bernardino County, California California 2019-11-14 Presumed Complete due-process fourth-amendment probable-cause qualified-immunity self-defense summary-judgment Question not identified.
19-6621 Jaquan Walters v. United States Second Circuit 2019-11-13 Denied Response WaivedIFP 9th-circuit criminal-law deadly-force due-process federal-common-law imperfect-self-defense manslaughter murder murder-mitigation self-defense unreasonable-belief voluntary-manslaughter Does "imperfect self-defense," which mitigates murder to voluntary manslaughter where the defendant "intend[ed] to use deadly force in the unreasonabl…
19-6534 Saad Bahoda v. Sherman Campbell, Warden Sixth Circuit 2019-11-06 Denied Response WaivedIFP appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict I. Petitioner was denied his Sixth Amendment Right to the effective assistance of counsel at trial due to counsel's failure to request a self-defense …
19-423 Brian Kirk Malpasso, et al. v. William M. Pallozzi, in His Official Capacity as Maryland Secretary of State Police Fourth Circuit 2019-09-30 Denied Amici (3)Response RequestedResponse WaivedRelisted (8) 2nd-amendment carry circuit-split civil-rights constitutional-rights due-process handgun-carry heller law-abiding-citizens mcdonald second-amendment self-defense Whether the Second Amendment allows the government to prohibit typical, law-abiding citizens from carrying handguns outside the home for self defense …
19-404 David Seth Worman, et al. v. Maura T. Healey, Attorney General of Massachusetts, et al. First Circuit 2019-09-25 Denied Amici (7)Relisted (7) 2nd-amendment caetano civil-rights due-process firearms-ban heller heller-standard individual-right intermediate-scrutiny mcdonald second-amendment self-defense Does Massachusetts' ban unconstitutionally infringe the individual right to keep and bear arms under the Second Amendment?
19-6029 Frank Jeffs v. Michael Overmyer, Superintendent, State Correctional Institution at Forest, et al. Pennsylvania 2019-09-23 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process first-degree-murder habeas-corpus jurisdiction premeditated-murder prosecutorial-misconduct self-defense sentencing sentencing-order 1. Is not the Pennsylvania Supreme Court required in its Per Curiam conclusions of law with respect thereto. If the court finds that...[2] the sentenc…
19-5740 Jeffrey L. Miller v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al. Third Circuit 2019-08-28 Denied IFP civil-rights constitutional-violation criminal-procedure deprivation-of-rights due-process false-evidence prosecutorial-misconduct self-defense wrongful-conviction Americans for conduct Not in violntioN of statute's, ANd is it Ok to knowingly bring frlse witnesses to A Americans justifiable conduct ? Post Oct, 19…
19-5716 Karl Heinz Dupuy v. Unknown Fourth Circuit 2019-08-27 Denied IFP civil-rights constitutional-rights criminal-procedure discovery due-process exculpatory-evidence expert-opinion fair-trial innocence medical-records mental-state post-conviction-discovery self-defense standing was the life of my Pregnant comfanion & being protected from imminent danger trom burg lary& Abducic with real threat by two YoUne men in their posses…
19-5566 Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-08-13 Denied Response WaivedIFP chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment 1. Consistent with the Fourteenth Amendment and Chanman v. California . 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) could the harmless error anal…
19-121 Kenneth Miller v. Robert Ferguson, Attorney General of Washington Ninth Circuit 2019-07-26 Denied Response Waived 2nd-amendment 351 (1973) which satisfies the habeas-corpus 411 US. 345 civil-rights custody-requirement due-process standing 2nd-amendment civil-rights due-process firearm-prohibition fundamental-rights habeas-corpus liberty-interest second-amendment self-defense severe-restraint-on-liberty standing Is the following question one that jurists of reason would find debatable? Does the total prohibition on the exercise of a person's fundamental Secon…
19-114 Douglas F. Ciolek v. New Jersey New Jersey 2019-07-23 Denied Response RequestedResponse WaivedRelisted (8) 2nd-amendment civil-procedure civil-rights constitutional-rights due-process handgun-carry justifiable-need permit-requirement permit-restriction public-carry public-safety second-amendment self-defense standing takings In order to obtain a permit to carry a handgun in the public, the State of New Jersey requires a showing of "justifiable need" which, as defined, does…
19-5146 Isiah Edward Gilliam v. Michigan Michigan 2019-07-11 Denied IFP discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense WAS MR. GILLIAM DENIED DUE PROCESS AND A FAIR TRIAL WHEN THE PROSECUTION FAILED TO PROVIDE TIMELY DISCOVERY AS REQUIRED? WAS MR. GILLIAM DENIED THE R…
19-3 Ryan Begay v. New Mexico New Mexico 2019-06-28 Denied Response RequestedResponse WaivedRelisted (2) blockburger-test blockburger-v-united-states constitutional-protection double-jeopardy due-process fourteenth-amendment reckless-abuse reckless-child-abuse self-defense 1. Whether the "same elements" test articulated in Blockburger v. United States, 284 U.S. 299 (1932), adequately protects in dividuals from multiple p…
18-9824 Steven G. Patten v. California California 2019-06-27 Denied IFP civil-rights criminal-procedure due-process equal-protection flight-instruction fourteenth-amendment harmless-error jury-selection peremptory-challenges racial-discrimination self-defense 1. Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment when the pro- …
18-9785 Wayne A. Hussar, II v. James C. Reynolds, et al. Ninth Circuit 2019-06-25 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process equal-protection fourth-amendment probable-cause prosecutorial-misconduct search-and-seizure self-defense sentencing standing warrantless-search Question not identified.
18-9670 Charles L. Trice v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-06-14 Denied Response WaivedIFP 2nd-amendment 9th-amendment conflict-in-circuits constitutional-rule due-process due-process-interpretation eleventh-circuit-conflict griffith-v-kentucky ninth-amendment second-amendment self-defense self-defense-right weiand-decision The Florida Post-conviction Court Unreasonably Applied Griffith v. Kentucky, 479 U.S. 314, 107 S. Ct. 708 (1987), in Determining That Trice's Convicti…
18-9474 Irving Madden v. Michael Melvin, Warden Seventh Circuit 2019-05-30 Denied Response WaivedIFP 6th-amendment appellate-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense sixth-amendment strickland-standard I. Whether or not the Seventh Circuit Court of Appeals decision in this case is consistent with this court's holding in Strickland v. Washington, 466 …
18-9479 In Re Percy Allen Stucks 2019-05-30 Denied Response WaivedIFP castle-doctrine civil-rights due-process florida-law imminent-danger property-rights residential-defense self-defense stand-your-ground Does a resident have the right to stand their ground in their residential property in Florida? Is a resident required to leave their residential prop…
18-9397 Miguel Angel Barron v. Raymond Madden, Warden Ninth Circuit 2019-05-23 Denied Response WaivedIFP burden-of-proof constitutional-law criminal-procedure due-process evidence evidence-suppression fair-trial fourth-amendment jury-instructions probable-cause relevance search-and-seizure self-defense warrantless-search 1. CAN A STATE TRIAL COURT INSTRUCT A JURY WITH AN INSTRUCTION THAT REDUCES THE FAIRNESS CONTAINED IN THE DUE PROCESS CLAUSES? 2. CAN A STATE TRIAL C…
18-9268 Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. Fifth Circuit 2019-05-15 Denied IFP confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony PETITIONER Mr. RIVERA ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO CALL A WITNESS OF WHOM Mr RIVERA MADE HIM AWARE. PETITIONER WAS CO…
18-9228 David D. Ewing v. Ronda Pash, Warden Eighth Circuit 2019-05-13 Denied Response WaivedIFP appellate-review claims-barred due-process exhaustion-of-remedies federal-review habeas-corpus ineffective-assistance judicial-admission merits-consideration procedural-default self-defense state-court-appellate state-court-proceedings Whether a petitioner's claims are barred from federal review when the underlying claims have been considered on the merits during state court appellat…
18-1272 Michael Gould, et al. v. Andrew Lipson, in His Official Capacity as Chief of the Brookline Police Department, et al. First Circuit 2019-04-04 Denied Relisted (7) 2nd-amendment circuit-split civil-procedure civil-rights constitutional-rights due-process firearm-restrictions good-reason intermediate-scrutiny right-to-bear-arms right-to-carry second-amendment self-defense standing takings In District of Columbia v. Heller, this Court held that the Second Amendment protects "the individual right to possess and carry weapons in case of co…
18-8590 Harlin Argelio Ramos v. Utah Utah 2019-03-27 Denied Response WaivedIFP burden-of-proof criminal-procedure ineffective-assistance-of-counsel jury-instructions prejudice self-defense Did the utah appellate Caurt err in holding that the erroneous jury instruetion, which impermissibly shifted the biurden of proof onto Petitioner/Defe…
18-8450 Randall Alan Carder v. California California 2019-03-18 Denied IFP assault assault-with-deadly-weapon constitutional-rights counter-attack criminal-procedure deadly-weapon due-process effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions self-defense Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a d…
18-1128 Curtis Minchuk v. Craig Strand Seventh Circuit 2019-02-28 Denied Response Waived circuit-split deadly-force deadly-force-justification excessive-force fourth-amendment police-use-of-force qualified-immunity self-defense totality-of-the-circumstances use-of-force 1. Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly …
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).…
18-8067 Arthur Nop Lew v. California California 2019-02-21 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury In aggravated assault prosecutions where self-defense is at issue, California juries are instructed that state law requires only a danger of a battery…
18-7935 Kahri Smith v. Bonita J. Hoffner, Warden Sixth Circuit 2019-02-13 Denied Response WaivedIFP certiorari criminal-procedure felony jurisdiction michigan-law reasonable-jurists self-defense sixth-circuit IS CERTIORARI APPROPRIATE WHERE THE SIXTH CIRCUIT COURT OF APPEALS DECIDED THE MERITS OF PETITIONER'S SELF DEFENSE CLAIM WITHOUT JURISDICTION AND IS I…
18-7933 Keith Charleston v. Jeffrey Woods, Warden Sixth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest I. PETITIONER'S STATEMENT WAS UNCONSTITUTIONALLY OBTAINED AS HIS INTOXICATION AND LACK OF SLEEP PREVENTED A KNOWING AND INTELLIGENT WAIVER OF HIS MIRA…
18-7826 Curtis R. Leachman v. Thomas Winn, Warden Sixth Circuit 2019-02-07 Denied Response WaivedIFP compulsory-process criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-determination jury-instruction jury-instructions michigan-self-defense-act psychological-expert self-defense self-defense-statute WAS PETITIONER DENIED THE RIGHT TO COMPULSORY PROCESS WHEN THE TRIAL COURT FAILED TO GRANT FUNDS FOR A PSYCHOLOGICAL EXPERT TO AIDE THE JURY IN DETERM…
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court erred in finding trial counsel ineffective for failing to present the Spartanburg Regional Hospital security surveillance camera video …
18-7697 Duane Yates v. Iowa Iowa 2019-01-31 Denied Response WaivedIFP civil-rights criminal-procedure due-process equal-protection fourteenth-amendment postconviction prison-discipline self-defense sixth-amendment whether-inmates-who-file-a-postconviction-under-io Whether inmates who file a postconviction under Iowa Code 822 in the Iowa District Court's are denied the equal protection of law under the Sixth and …
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…
18-843 Ivan Pena, et al. v. Martin Horan, Director, California Department of Justice Bureau of Firearms Ninth Circuit 2019-01-03 Denied Amici (4)Relisted (7) 2nd-amendment civil-rights due-process equal-protection firearm-regulation firearm-restrictions handgun-regulation intermediate-scrutiny microstamping second-amendment self-defense standing takings California's "Unsafe Handgun Act," Cal. Penal Code § 31900 et seq., violates the Second Amendment by banning handguns of the kind in common use for tr…
18-824 Thomas Rogers, et al. v. Gurbir Grewal, Attorney General of New Jersey, et al. Third Circuit 2019-01-02 Denied Amici (6)Response RequestedResponse WaivedRelisted (8) 2nd-amendment carry circuit-split constitutional-carry firearm-rights heller-v-dc intermediate-scrutiny licensing second-amendment self-defense 1. Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense. 2. Whether the government may deny categoric…
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…
18-6721 Gavin Cullens v. Cindi Curtin, Warden Sixth Circuit 2018-11-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel DID THE TRIAL COURT ERR WHEN IT GAVE OUT SELF DEFENSE INSTRUCTION FOR COMPLAINANTS WHO WERE NOT ACCUSED OF ANY CRIMES TO WARRANT A DEFENSE? ALTERNATIV…
18-6663 Esau Escobar v. Illinois Illinois 2018-11-13 Denied IFP appellate-review civil-rights criminal-procedure double-jeopardy due-process jury-instructions murder murder-conviction prior-acts provocation provocation-defense self-defense substantial-evidence I. The Appellate Court holding the Petitioner a bar ce ae =e led To 4 Secinos Provocation lastcvetion tio. Becanse He Tstified that He Anted cust Opoc…
18-6352 Joseph Kelvin Aberant v. United States Fourth Circuit 2018-10-16 Denied Response WaivedIFP attempted-murder cross-reference firearm firearm-offense fourth-circuit imperfect-self-defense indictment self-defense sentencing-guidelines I. WHETHER THE FOURTH CIRCUIT ERRED IN FINDING THAT THE CROSS REFERENCE UNDER SECTION 2K2.1(C)(l) OF THE UNITED STATES SENTENCING GUIDELINES WAS AP…
18-6325 Adrian Contreras-Rebollar v. Mike Obenland, Superintendent, Monroe Correctional Complex Ninth Circuit 2018-10-15 Denied Response WaivedIFP 6th-amendment certificate-of-appealability co-counsel criminal-procedure-6th-amendment-right-to-counsel- criminal-procedure-6th-amendment-self-defense-inef defense-of-another due-process ineffective-assistance jury-instruction right-to-counsel self-defense sixth-amendment where petitioner's defense in the trial court was based on Self-Defense, petitioner did not fully trust his Dept. of Assigned counsel lawyer, and thus…
18-6189 Eduardo Salgado v. California California 2018-10-03 Denied Response WaivedIFP 2nd-amendment carry-outside-home civil-procedure civil-rights concealed-carry concealed-carry-license due-process federal-circuit-split firearm-rights good-cause-requirement level-of-scrutiny scrutiny-standard second-amendment self-defense standing Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense, and what level of scrutiny applies to laws that …
18-361 Lael J. Alleyne v. Pennsylvania Pennsylvania 2018-09-19 Denied appeal appellate-review criminal-law criminal-procedure due-process imperfect-self-defense jury-instructions manslaughter self-defense supreme-court-pennsylvania trial-court-error voluntary-manslaughter Whether the Supreme Court of Pennsylvania erred in denying a Petition for Allowance of Appeal despite the trial court's improper exclusion of voluntar…
18-5783 Robert A. Cotton v. County of San Bernardino, California, et al. Ninth Circuit 2018-08-28 Denied IFP brady-evidence brady-v-maryland brady-violation civil-rights criminal-procedure due-process issue-preclusion judicial-immunity jury-trial manuel-v-city-of-joliet ninth-circuit preliminary-hearing qualified-immunity self-defense Was the Ninth Circuit in conflict with now, the Second, Third, Fifth, Sixth, Seventh, and Tenth Circuits, and the California Court of Appeal, First an…
18-5625 Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-16 Denied IFP civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter DID THE TRIAL COURT PREJUDICIALLY ERR BY FAILING TO INSTRUCT THE JURY ON THE LESSER INCLUDED OFFENSE OF SUDDEN QUARREL/HEAT OF PASSION VOLUNTARY MANSL…
18-5564 Travis Colby Curry v. Oregon Oregon 2018-08-13 Denied Response WaivedIFP bad-faith civil-rights criminal-procedure due-process evidence evidence-preservation fourteenth-amendment police-misconduct self-defense surveillance-video Whether the police act in bad faith in contravenes of the Due process Clause of the Fourteenth Amendment if they fail to collect and preserve surveill…
18-5502 Susan Joy Jacobson v. Arizona Arizona 2018-08-09 Denied IFP compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment Does preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinge on her Due Process gua…
18-5467 Virginia Denise Wyche v. Florida Florida 2018-08-06 Denied Response WaivedIFP and whether jury instructions misstating self-def 5th-amendment criminal-procedure due-process ex-post-facto ex-post-facto-clause fifth-amendment fourteenth-amendment homicide homicide-statute second-amendment self-defense statutory-interpretation 1. Whether the First District's expansion of the scope of Florida's homicide statute could be used to affirm Wyche's conviction and sentence in light …
18-121 James Rothery, et al. v. Lou Blanas, et al. Ninth Circuit 2018-07-27 Denied Response RequestedResponse WaivedRelisted (2) 2nd-amendment civil-rights concealed-carry discretionary-licensing discretionary-permit due-process equal-protection law-enforcement-exemption licensing-discretion second-amendment self-defense self-defense-rights standing takings (1) Does California's general prohibition to carry a loaded handgun outside the home, coupled with an arbitrary and capricious licensing scheme for ci…
18-5337 Shawn Johnson v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2018-07-25 Denied IFP actual-innocence brady-violations certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-concession prosecutorial-misconduct recantation recanted-testimony self-defense witness-recantation Shawn Johnson was arrested inmg, in self-defense for shoot in grz jjYj a, k4 wccu#'$ He has credible evidence that he is actually innocent of this cri…
18-5338 DeLawrence A. King v. Ronald Erdos, Warden Sixth Circuit 2018-07-25 Denied IFP certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate Of Appealability after previously ruling in his favor, by stating t…
18-5167 Levar Brown v. California California 2018-07-06 Denied IFP 2nd-amendment civil-rights criminal-justice-system criminal-procedure due-process felon-in-possession firearm-regulations second-amendment self-defense statutory-interpretation Law sstéz Farwe GUESS wo, CeLLed TWAt MAN: Nou 2eALLY waat 1p utes, oH DID IAS» AWE SALANGEYL wort THE Gun store fia Tow Home, ALse, A was. HANDED 7D …
18-5015 Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure A. Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure rule when the highest…
18-5031 Jabbar Wallace v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2018-06-28 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel ineffective-counsel murder-conviction self-defense self-defense-right sixth-amendment THE PETITIONER IN THIS CASE ACTED IN SELF, DEFENSE WHEN ATTACKED BY THE DECEDENT AND HIS FRIENDS WHILE IN THE RESTROOM. THE PETITIONER WAS IN DANGER O…