| 23-5413 |
Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon |
Oregon |
2023-08-23 |
Denied |
IFP |
child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse |
1) In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence t… |
| 23-5167 |
Jose Suarez v. United States |
Second Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
accessorial-liability accessorial-participation criminal-culpability criminal-record cruel-and-unusual-punishment eighth-amendment juvenile-offenders life-sentence life-without-parole mandatory-sentencing sentencing-proportionality |
Does a mandatory life sentence without parole for an individual who was twenty at the time of the offense, who was without a criminal record, who had … |
| 21-8184 |
Michael Kelly v. Jeremy Larson, Warden |
Eighth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment 6th-amendment constitutional-rights disproportionate-sentence ex-post-facto ineffective-assistance plea-colloquy postconviction-counsel sentencing-proportionality |
1. WHETHER The United States Court of Appeals in The Eighth Circuit ERR IN NOT FINDING THAT KELLY HAD A RIGHT TO HAVE THE EFFECTIVE ASSISTANCE OF POST… |
| 21-7457 |
Gregory Wynn v. Alabama |
Alabama |
2022-03-24 |
Denied |
IFP |
criminal-rehabilitation cruel-and-unusual-punishment eighth-amendment juvenile-offender juvenile-offenders life-sentence life-without-parole rehabilitation sentencing sentencing-proportionality |
Whether, in light of the uncontroverted evidence of Gregory Wynn's potential for maturity and positive change as an adult, his sentence of life impris… |
| 20-6240 |
Kyle Brandon Richards v. Kristopher Taskila, Warden |
Sixth Circuit |
2020-11-06 |
Denied |
IFP |
aspergers-syndrome cruel-and-unusual-punishment cruel-unusual-punishment due-process mental-health self-representation sentencing-guidelines sentencing-proportionality |
(1) MR RICHARDS WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO SELF REPRESENTATION BY THE TRIAL COURTS SUMMARY DENIAL OF HIS TIMELY REQUEST TO GO PRO SE… |
| 19-5905 |
Ricky Davis v. United States |
Ninth Circuit |
2019-09-11 |
Denied |
IFP |
fairness-integrity federal-sentencing guideline-calculation judicial-discretion procedural-error sentencing-guidelines sentencing-proportionality sentencing-uniformity statutory-maximum substantial-rights uniformity-proportionality USSG-5G1.1(a) |
When this Court held in Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018) that a failure to correctly calculate the guideline range, which anch… |
| 18-1500 |
Jonsha Bell v. Mississippi |
Mississippi |
2019-05-31 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
cruel-and-unusual-punishment eighth-amendment graham-v-florida juvenile-offender juvenile-sentencing life-expectancy nonhomicide-offense sentencing sentencing-proportionality |
Does the Eighth Amendment forbid an aggregate sentence that exceeds the life expectancy of a juvenile nonhomicide offender? |
| 18-6855 |
Antonio DeJesus Perez-Martinez v. United States |
Sixth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness |
APPELLATE COUNSEL WAS GROSSLY INEFFECTIVE, BY ARGUING A MATERIAL VARIANCE IN THE INDICTMENT, INSTEAD OF THE MORE EGREGIOUS CONSTRUCTIVE AMENDMENT OF T… |
| 18-5395 |
Wayne Clyde Mezzles v. John N. Katavich, Warden |
Ninth Circuit |
2018-07-30 |
Denied |
IFP |
criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court |
Before trial, the court ruled that defense expert Robert Owen could testify about Mezzles's PTSD but not about his capacity to form the specific inten… |