severance
47 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5452 | Dustin Sierra, aka Dustin Sierro v. United States | Eighth Circuit | 2024-09-04 | Denied | Response WaivedIFP | co-defendant criminal-procedure due-process eighth-circuit kidnapping severance | I. Whether or not the defendant's case shoul d have been severed from that of hi s co-defendant brother. II. Whether or not the government proved that… |
| 24-81 | The ServiceMaster Company, LLC, et al. v. Tyron Cooley | Ninth Circuit | 2024-07-25 | Denied | arbitration-severance california-supreme-court federal-arbitration-act individual-claims non-individual-claims paga paga-claims severance standing | In Viking River Cruises v. Moriana, 596 U.S. 638 (2022), this Court held that the Federal Arbitration Act ("FAA") requires the enforcement of agreemen… | |
| 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… |
| 23A1001 | Amadi Sosa v. Massachusetts | Massachusetts | 2024-05-09 | Presumed Complete | co-defendant confrontation-rights due-process perjury severance trial-procedure | Question not identified. | |
| 23-645 | Uber Technologies, Inc., et al. v. Johnathon Gregg | California | 2023-12-14 | Denied | Amici (4)Relisted (2) | arbitration california-supreme-court civil-procedure federal-arbitration-act individual-claims non-individual-claims paga paga-claims preemption severance standing | In Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), this Court held that the Federal Arbitration Act preempts the California-law rule th… |
| 23-5869 | Craig Martin Shults v. United States | Ninth Circuit | 2023-10-24 | Denied | Response WaivedIFP | circuit-split criminal-procedure due-process judicial-standard mutually-exclusive severance standard zafiro-precedent zafiro-v-united-states | Whether the Ninth Circuit's rigid "irreconcilable and mutually exclusive" standard for severance survives this Court's decision in Zafiro v. United St… |
| 23-5668 | Maurice Bellamy v. United States | District of Columbia | 2023-09-28 | Denied | Response WaivedIFP | appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion | I. Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment II. Whether the cruel, heinous and atr… |
| 22-6563 | Jaquain Young v. United States | Ninth Circuit | 2023-01-18 | Denied | Response WaivedIFP | complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation | 1. Shortly after the murder of Jelvon Helton, which petitioner was convicted of, witness Tierra Lewis went to the police, circled codefendant Esau Fer… |
| 22-6553 | Esau Ferdinand v. United States | Ninth Circuit | 2023-01-18 | Denied | Response WaivedIFP | 18-usc-1962(d) criminal-procedure enterprise-affairs enterprise-liability federal-rule-criminal-procedure-14(a) joint-trial personal-participation prosecutorial-discretion rico-conspiracy severance | I. For RICO conspiracy liability under 18 U.S.C. § 1962(d), must the defendant agree to personally further the enterprise's affairs, rather than merel… |
| 22-6174 | Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. | Ninth Circuit | 2022-11-30 | Denied | Response WaivedIFP | co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure | 1. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to the inability to present… |
| 22-5992 | Andre Jenkins v. United States | Second Circuit | 2022-11-04 | Denied | Response WaivedIFP | circumstantial-evidence criminal-conviction criminal-procedure due-process joint-defense motion-for-acquittal severance trial-procedure witness-credibility | 1. In a case where the proof against petitioner was wholly circumstantial and the eyewitnesses that were necessary to assign his conduct to those circ… |
| 21-8204 | Reginald Brown v. United States | Eleventh Circuit | 2022-06-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process forfeiture ineffective-counsel pro-se pro-se-representation right-to-counsel severance sixth-amendment | Pursuant to Supreme Court Rule 10, a review is warranted as this case present an important question of federal law that has not been, but should be, s… |
| 21-7289 | Katrina Brown v. United States | Eleventh Circuit | 2022-03-07 | Denied | Response WaivedIFP | closing-argument criminal-procedure fair-trial judicial-error motion-for-severance prejudice right-to-counsel severance standby-counsel | I. WHETHER THE DISTRICT COURT COMMITTED ERROR BY ORDERING THE DEFENDANT TO GO FORWARD WITH CLOSING ARGUMENT WITHOUT STANDBY COUNSEL LANDES BEING PRESE… |
| 21-988 | Marla Crawford v. Henrico County Public School Board, et al. | Fourth Circuit | 2022-01-12 | Denied | Response WaivedRelisted (2) | civil-procedure civil-rights constitutional-claim due-process en-banc-review governmental-immunity procedural-severance rehearing-en-banc section-1983 severance standing supplemental-jurisdiction | 1)Did the Appeals Court of the Fourth Circuit error by refusal to pole the rehearing en bac and affirming the US District Court not to sever to Dr. Ma… |
| 21-6691 | Aaron Hicks v. United States | Second Circuit | 2021-12-22 | Denied | Response WaivedIFP | acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance | 1. When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a cour… |
| 21-911 | Dan V. Sharp v. United States | Fifth Circuit | 2021-12-21 | Denied | Response Waived | confrontation-clause constructive-possession criminal-procedure double-jeopardy due-process firearms-offense ineffective-assistance joinder motion-to-suppress severance | Whether the Court erred in failing to sever the counts by date. Whether the Court erred in requiring the Appellant to appear in shackles in front of … |
| 21-6505 | Bryan Bostick v. United States | District of Columbia | 2021-12-03 | Denied | Response WaivedIFP | constitutional-rights juror-impartiality jury-bias remmer severance sixth-amendment trial-court voir-dire | Was Appellant Deprived of A Meaningful Opportunity To Demonstrate Jury Bias After His Sixth Amendment Safeguards Were Violated When The Trial Court De… |
| 21-6011 | Robert Leslie Stencil v. United States | Fourth Circuit | 2021-10-20 | Denied | Response WaivedIFP | adversarial-defendant clean-energy criminal-procedure defendant-prejudice due-process fraud-intent prejudice severance trial-severance | Whether due process is violated when a trial court denies a motion to sever the trial, resulting in prejudice to petitioner because an adversarial def… |
| 21-5541 | Dan Kenny Delva v. United States | Eleventh Circuit | 2021-08-31 | Denied | Response WaivedIFP | constitutional-rights criminal-defendant criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance-of-counsel joint-trial right-to-counsel severance sixth-amendment trial-severance | Whether it is debatable Mr. Delva was denied a Sixth Amendment right under the United States Constitution to effective assistance of counsel when his… |
| 21-150 | The Texas Brandon Corporation, Inc., et al. v. EOG Resources, Inc., et al. | Texas | 2021-08-03 | Denied | Response Waived | civil-procedure corporate-dispute district-court due-process judicial-misconduct oil-and-gas-rights severance standing summary-judgment trespassing trial-court | Does Russell Wilson, the judge of the 218th District Court of Karnes County, Texas, list the objections, stated by John R. Chiles IV, and Ronald Wilso… |
| 20-7029 | Odell Kinard, Jr. v. United States | Ninth Circuit | 2021-02-03 | Denied | Response WaivedIFP | constitutional-rights continuance multi-defendant severance sixth-amendment speedy-trial statutory-rights trial-delay | Does Petitioner sacrifice his Sixth Amendment and statutory rights to a speedy trial by the District Court's repeated denial of his motion to sever hi… |
| 20-6913 | Terry Smith v. Darrel Vannoy, Warden | Fifth Circuit | 2021-01-25 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-review severance speedy-trial standing state-constitution | .ofJla^Js'th^ -hm-Ameferemuff bedecided. bmreA^ .. _ QM~m&pmc€5Sjj#hts _ . _ vblai/m , 'i _ (^Qo^SJkdbiOMcL 'ho^eUSJConsfArAXX ' (flkaS'-PebWon^r suff… |
| 20-6782 | Juan Carlos Guadron-Rodriguez v. United States | Fourth Circuit | 2021-01-05 | Denied | Response WaivedIFP | cellular-communication civil-procedure criminal-joinder extortion-conspiracy gang-related-crime interstate-facilities joinder prejudice severance travel-act | 1. Do federal joinder laws permit the expansive joinder of two unrelated cases with no factual commonality apart from one defendant's involvement in b… |
| 20-6684 | Daniel Todd Silveria v. California | California | 2020-12-22 | Denied | IFP | 8th-amendment capital-case due-process joint-trial mitigating-evidence severance | 1. May a court exclude significant mitigating evidence in a capital case by joining two codefendants in a single trial before a single jury? 2. When … |
| 20-728 | adidas AG v. Nike, Inc. | Federal Circuit | 2020-11-25 | Denied | 5-usc-7513 administrative-law appointments-clause constitutional-law inferior-officers judicial-review patent-judges principal-officers severance statutory-interpretation us-patent-and-trademark-office | 1. Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Of… | |
| 20-5239 | Junior Griffin v. United States | Second Circuit | 2020-07-31 | Denied | Response WaivedIFP | bad-faith criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure government-misconduct joinder severance | 1. Whether courts must consider allegations of "bad faith" by the government when deciding motions to join counts pursuant to Fed. R. Crim. P. 8(a), o… |
| 19-1458 | Arthrex, Inc. v. Smith & Nephew, Inc., et al. | Federal Circuit | 2020-07-06 | Judgment Issued | Amici (2)Relisted (2) | administrative-judges administrative-law administrative-patent-judges appointments-clause congress due-process executive-review independence judicial-remedy patent separation-of-powers severance tenure tenure-protection | The Appointments Clause requires principal officers to be appointed by the President with the advice and consent of the Senate, but permits inferior o… |
| 19-1459 | Polaris Innovations Limited v. Kingston Technology Company, Inc., et al. | Federal Circuit | 2020-07-06 | GVR | Amici (2)Relisted (3) | 35-usc-311 administrative-patent-judges appointments-clause civil-service-protections congressional-intent constitutional-remedy ipr-statute patent-law severance statutory-interpretation tenure-protections | 1. Whether severance of the tenure protections for Administrative Patent Judges ("APJs") was unavailable to the Arthrex court to remedy the violation … |
| 19-8757 | George W. Gibbs v. Robert LeGrand, Warden, et al. | Ninth Circuit | 2020-06-19 | Denied | Response WaivedIFP | charge-severance child-sex-assault clearly-erroneous counsel-error criminal-procedure drug-counts ineffective-assistance ineffective-assistance-of-counsel ninth-circuit-review prejudice prejudicial-joinder severance | Whether the Ninth Circuit's rejection of Gibbs's ineffective assistance of counsel claim was clearly erroneous when the court mistakenly concluded Gib… |
| 19-8279 | Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2020-04-16 | Denied | Response WaivedRelisted (2)IFP | amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance | Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealabi… |
| 19-8222 | Steven Mason v. United States | District of Columbia | 2020-04-08 | Denied | Response WaivedIFP | brady brady-violation criminal-procedure disclosure due-process exculpatory exculpatory-evidence impeachment jury-prejudice prosecutorial-misconduct severance trial-severance | I. Whether this Court should grant certiorari to determine whether the lower courts erred in finding that the Government's very late disclosure of ext… |
| 19-8015 | Gabriel Cruz v. United States | Eleventh Circuit | 2020-03-18 | Denied | Response WaivedIFP | bruton-rule co-defendant-statement codefendant-statement confrontation-clause criminal-appeal criminal-procedure eleventh-circuit non-testimonial non-testimonial-statement severance | Whether the United States Court of Appeal Eleventh Circuit erred in finding that the Bruton rule, does not mandate a severance when a non-testifying c… |
| 19-7539 | Shamir Kane v. United States | Third Circuit | 2020-02-04 | Denied | Response WaivedIFP | criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering | 1. Did the Court of Appeals err in upholding the District Court's joinder, under Fed. R. Crim. P. 8, of counts in an indictment related to one Hobbs A… |
| 19-7513 | Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2020-02-03 | Denied | IFP | 6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony | Did the Virginia Supreme Court err in deciding that counsel's failure to file a motion for a Bill of Particulars so that Petitioner could clearly unde… |
| 19-6808 | Phillip E. Smith v. Collins, First Name Unknown, et al. | Ninth Circuit | 2019-12-03 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability cumulative-error due-process fourteenth-amendment insufficient-evidence miller-el-v-cockrell ninth-circuit severance sixth-amendment slack-v-mcdaniel trial-severance video-evidence | Did the Ninth Circuit err in denying a certificate of appealability to a petitioner who raised four substantial claims that his conviction was unconst… |
| 19-6595 | Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2019-11-13 | Denied | IFP | cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule | (1). Whether this Court should exercise its discretionary certiorari jurisdiction and grant certiorari, vacate the judgment below, and remand the case… |
| 19-5545 | Todd Allen Wheeler v. Michigan | Michigan | 2019-08-09 | Denied | IFP | 14th-amendment 6th-amendment due-process effective-assistance-of-counsel ineffective-assistance-of-counsel plain-error severance sixth-amendment trial-joinder | WHETHER MR. WHEELER WAS DENIED HIS CONSTITUTIONAL RIGHT TO DUE PROCESS UNDER THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION BY THE TRIAL COURT'S… |
| 18-9792 | Charles Mensah v. United States | Fourth Circuit | 2019-06-27 | Denied | Response WaivedIFP | character-evidence conspiracy due-process fifth-amendment severance witness-bolstering | 1) Does the trial court's refusal to grant a conspiracy defendant severance violate the Due Process Clause of the Fifth Amendment when the Government'… |
| 18-8054 | Michael Kenneth Young v. United States | Fourth Circuit | 2019-02-21 | Denied | Response WaivedIFP | 4th-amendment crack-cocaine-seizure criminal-procedure criminal-procedure-joinder fair-trial firearm-seizure fourth-amendment joinder motion-to-suppress probable-cause search-and-seizure severance traffic-stop | 1. Did the Fourth Circuit Court of Appeals err in upholding the denial of Petitioner Michael Young's motion to sever his unrelated charges arising out… |
| 18-7651 | Eric Steve Anderson v. California | California | 2019-01-29 | Denied | IFP | antagonistic-defenses conspiracy constitutional-rights criminal-procedure fair-trial jury jury-trial severance severance-motion | Did this trial court's denial of petitioner's severance motion as to co-defendant Randy Lee and its subsequent acquittal of Lee on the conspiracy char… |
| 18-6746 | Joseph Haymore, et al. v. United States | Ninth Circuit | 2018-11-21 | Denied | Response WaivedIFP | appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule | Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit… |
| 18-6593 | Sigifredo Molina-Varela v. United States | Tenth Circuit | 2018-11-07 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel motion-for-severance prejudice prejudicial-error right-to-counsel severance sixth-amendment | DID THE DEFENSE COUNSEL'S FAILURE TO FILE A MOTION FOR SEVERANCE CREATE A SIGNIFICANT PREJUDICE AGAINST THE PETITIONER THEREBY CONSTITUTING INEFFECTIV… |
| 18-6434 | Craig Martin Shults v. United States | Ninth Circuit | 2018-10-25 | Denied | Response WaivedIFP | appeals appellate-review civil-procedure criminal-procedure due-process federal-rules-of-criminal-procedure ninth-circuit precedent rule-52(b) severance severance-motion waiver waiver-rule | Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit… |
| 18-421 | Jose Luis Cepeda-Cortes v. United States | Fifth Circuit | 2018-10-03 | Denied | Response Waived | co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states | Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered … |
| 18-6186 | Alvin Gaitan Benitez, aka Pesadilla, aka Lil Pesadilla, aka Lil Tuner, aka Tooner, aka Lil Tunnel v. United States | Fourth Circuit | 2018-10-02 | Denied | Response WaivedIFP | antagonistic-defense antagonistic-defenses codefendant criminal-procedure due-process fair-trial interstate-commerce jurisdiction jurisdictional-element motion-for-severance severance | I. WHETHER THE CIRCUIT COURT ERRED IN AFFIRMING THE DENIAL OF A I MOTION FOR SEVERANCE BY ALVIN BENITEZ FROM CODEFENDANT MANUEL GUEVARA WHERE GUEVARA … |
| 18-5527 | Jesus Alejandro Chavez, aka Chuy v. United States | Fourth Circuit | 2018-08-09 | Denied | Response WaivedIFP | brady-violation case-severance criminal-procedure due-process fourth-circuit-review joinder materiality materiality-standard new-trial prejudice severance substantial-defense | 1. The Fourth Circuit contends in its decision that the Appellant failed to establish that the alleged Brady violation was material. Is the decision b… |
| 18-5007 | David Lemoe Tua v. California | California | 2018-07-02 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance | Whether the state court's refusal to sever Petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola… |