structural-error
247 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6854 | Lonny Slade Glover v. Minnesota | Minnesota | 2026-02-19 | Pending | IFP | ex-parte-communication fourteenth-amendment pro-se-defendant right-to-counsel sixth-amendment structural-error | 1. Whether an unrecorded ex-parte communication between a trial judge and a deadlocked jury where the physical note of the communication was subsequen… |
| 25-6778 | Jasim Mohammed Hassi Ramadon v. Colorado | Colorado | 2026-02-11 | Pending | Response WaivedIFP | constitutional-rights counsel-coercion defendant-testimony effective-assistance structural-error trial-procedure | 1. When a defendant is prevented from testifying due to counsels' coercive actions, does structural error occur? 2. Was Mr. Ramadon's constitutional… |
| 25A803 | Henry Wade v. United States | Eleventh Circuit | 2026-01-12 | Application | constitutional-violation criminal-procedure due-process jury-trial prosecutorial-misconduct structural-error | Whether the Petition presents multiple preserved structural constitutional questions of exceptional national importance, including: constructive amend… | |
| 25-6485 | Michelle Renee Morton v. Iowa | Iowa | 2026-01-06 | Pending | Response WaivedIFP | criminal-proceedings due-process judicial-review jurisdictional-defect structural-error void-ab-initio | 1. Whether a conviction initiated by a warrant issued by a magistrate who is later adjudicated not neutral and detached, constitutes a structural juri… |
| 25-6442 | Michael Hinds v. United States | Sixth Circuit | 2025-12-29 | Pending | Response WaivedIFP | armed-career-criminal-act criminal-procedure harmless-error prior-offenses sentencing-enhancement statutory-interpretation structural-error | Does the ACCA occasions -different inquiry, requiring a detailed, multi- factored analysis of the facts surrounding at least three prior offenses— fac… |
| 25-6126 | Nathaniel Durham v. United States | Sixth Circuit | 2025-11-14 | Denied | Response WaivedIFP | acca criminal-law multi-factor-analysis prior-offenses sentencing-enhancement structural-error | This case presents two important repeatedly occurring criminal-law questions that affect many defendants and have divided judges within the same circu… |
| 25-6090 | Derrick Lorenzo Casey v. United States | Fourth Circuit | 2025-11-12 | Denied | Response WaivedIFP | armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error | I. Whether the failure to indict a defendant with the elements of an aggravated offense in violation of the Fifth Amendment is structural error. II. … |
| 25-5998 | Shadon Demetric Edwards v. United States | Eleventh Circuit | 2025-10-30 | Denied | Response WaivedIFP | firearms-offense guilty-plea harmless-error plain-error statutory-interpretation structural-error | Whether errors under Erlinger v. United States, 602 U.S. 821 (2024) are structural errors, or whether they are subject to harmless or plain error revi… |
| 25-5991 | Jairo Arnaldo Jacome v. United States | Fourth Circuit | 2025-10-30 | Denied | Response WaivedIFP | circuit-split criminal-procedure due-process harmless-error jury-instruction structural-error | I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… |
| 25-524 | Cedric Ray Jones v. United States | Fifth Circuit | 2025-10-30 | Pending | circuit-split criminal-procedure due-process harmless-error jury-instructions structural-error | I. Does a district court's failure to instruct a jury in open court result in structural error, automatically producing a violation of a defendant's s… | |
| 25-5932 | Garland Ray Gregory, Jr. v. South Dakota | South Dakota | 2025-10-22 | Denied | IFP | choice-of-counsel coram-nobis equal-protection fourteenth-amendment sixth-amendment structural-error | 1. Is a Sixth Amendment 'erroneous deprivation of choice of counsel ' structural error, an error of the most fundamental character, properly before t… |
| 25-5851 | Christopher Lynn Johnson v. Pennsylvania | Pennsylvania | 2025-10-09 | Denied | IFP | burden-of-proof constitutional-error criminal-procedure due-process ineffective-assistance structural-error | Does an attorney's failure to object to unconstitutional instructions that relieve the Commonwealth of its burden of disproving an accused's defense b… |
| 25A386 | Trendell Walker v. United States | Second Circuit | 2025-10-02 | Presumed Complete | criminal-procedure habeas-corpus jurisdictional-defects structural-error venue-challenge warrant-forgery | Question not identified. | |
| 25-385 | Charles Ray Crawford v. Mississippi | Mississippi | 2025-10-02 | Denied | capital-trial criminal-procedure retroactivity sixth-amendment structural-error teague-rule | In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that the Sixth Amendment guarantees the defendant the right to personally decide whether t… | |
| 25-5743 | Rico Lorodge Brown v. United States | Fourth Circuit | 2025-09-26 | Denied | Response WaivedIFP | apprendi-doctrine charging-error criminal-sentencing harmless-error judicial-factfinding structural-error | I. Does the type of error that occurred in this case —sentencing a criminal defendant for an uncharged and untried offense —qualify as structural erro… |
| 25-5608 | Gary Jordan v. United States | Tenth Circuit | 2025-09-11 | Pending | Response RequestedResponse WaivedRelisted (2)IFP | collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error | I. Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct … |
| 25-5560 | Yancey J. Myers v. United States | Eighth Circuit | 2025-09-05 | Denied | Response WaivedIFP | constitutional-rights due-process judicial-bias jury-misconduct structural-error trial-procedure | 1) . Where a disqualified trial judge recuses himself due to substantial prejudice/bias ; POSTCONVICTION! is there a structural error because said j… |
| 25-5449 | John Todd Williams v. United States | Second Circuit | 2025-08-22 | Denied | Response WaivedIFP | article-three due-process judicial-designation jurisdictional-defect separation-of-powers structural-error | 1. Whether a federal judge who is not properly designated under 28 U.S.C. §§ 291-296 may lawfully preside over a criminal case and its post-conviction… |
| 25-5281 | Tony Lamons Gooch, III v. Tennessee | Tennessee | 2025-08-05 | Denied | Response WaivedIFP | appellate-procedure constitutional-rights double-jeopardy due-process ineffective-assistance structural-error | I. "When a State court judgment is shown that counsel of record was ineffective during all three phases of litigation including pre-trial, trial phas… |
| 25-5224 | Kelechi Collins Umeh v. United States | First Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-conviction defendant-rights jury-trial structural-error trial-court waiver | Is it structural error for a trial court to enter a conviction against a defendant who did not expressly waive his right to a jury trial? |
| 24-7477 | Arnold Wayne McCartney v. Jonathan Frame, Superintendent, Mount Olive Correctional Complex | Fourth Circuit | 2025-06-23 | Denied | Response WaivedIFP | bifurcated-trial certificate-of-appealability counsel ineffective-assistance mercy-phase structural-error | Did the Court of Appeals err in denying the Petitioner a certificate of appealability on his constitutional claim related to structural error and/or … |
| 24A1216 | Kelechi Collins Umeh v. United States | First Circuit | 2025-06-10 | Presumed Complete | bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error | Whether it is structural error for a court to accept a criminal defendant's guilty plea without informing him of his right to a jury trial. | |
| 24-7382 | Issac Jermale Fisher v. Missouri | Missouri | 2025-06-09 | Denied | Response WaivedIFP | constitutional-significance courtroom-closure public-access structural-error trial-court-standards waller-v-georgia | When do intentional actions designed to restrict the public's entry to the courtroom constitute a closure of constitutional significance that, unless … |
| 24A1181 | Mark William Sain v. United States | Sixth Circuit | 2025-06-02 | Presumed Complete | armed-career-criminal-act double-jeopardy harmless-error jury-trial sixth-amendment structural-error | Question not identified. | |
| 24-7309 | Brandi Abts v. Cynthia Arnold-Abts | Nevada | 2025-05-28 | Denied | IFP | due-process evidentiary-hearing fourteenth-amendment fundamental-fairness judicial-misconduct structural-error | 1. Whether the District Court Judge Joseph Hardy, Jr., erred when considering the Findings of Fact, Conclusion of law order and Final Judgment. 2. Wh… |
| 24-7093 | Alfred Velazquez v. United States | Ninth Circuit | 2025-04-29 | Denied | Response WaivedIFP | circuit-split criminal-procedure judicial-review presentence-report sentencing-error structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 24-6968 | Willie Rodriquez Jones v. Texas | Texas | 2025-04-10 | Denied | IFP | due-process jury-trial professional-misconduct structural-error trial-counsel trial-jurisdiction | Petitioner contends that trial court was without jurisdiction to proceed to judgment and convict. Due to a "structural ;error , " which affects the … |
| 24-6942 | John Sexton v. Florida | Florida | 2025-04-08 | Denied | IFP | capital-punishment court-witness harmless-error mitigation-specialist sixth-amendment structural-error | During John Sexton's capital penalty phase trial, after he presented his mitigation and rested, the trial court called the defense team's mitigation s… |
| 24-6871 | Diego J. Jimenez v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2025-03-27 | Denied | IFP | constitutional-violation double-jeopardy due-process judicial-bias jury-instructions structural-error | Whether a bias and partial Judge that was recused (removed) before trial and any way presiding over a criminal defendant 's trial "created a Structura… |
| 24-6658 | Donald Conelious Voltz v. United States | Eleventh Circuit | 2025-02-26 | Denied | Response WaivedIFP | armed-career-criminal-act harmless-error-review judicial-finding preponderance-of-evidence sentencing-error structural-error | Where a district court has erred in sentencing a defendant under the Armed Career Criminal Act based on a judicial finding by a preponderance of the e… |
| 24-6495 | Billy Joe Taylor v. United States | Eighth Circuit | 2025-02-06 | Denied | Response WaivedIFP | circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error | Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t… |
| 24-819 | Larry E. Parrish v. Supreme Court of Tennessee | Tennessee | 2025-02-03 | Denied | due-process fourteenth-amendment judicial-bias recusal structural-error subject-matter-jurisdiction | 1. Is Rule 10B, Rules Of The Supreme Court Of The State Of Tennessee (" Rule 10B ") (App. C, No. 6) (App. pp. 7a-10a) a structural constitutional vi… | |
| 24-6317 | James Anthony Gray v. Kentucky | Kentucky | 2025-01-15 | Denied | Response WaivedIFP | alternative-perpetrator due-process fourteenth-amendment kentucky-constitution structural-error supreme-court-rule | Did the failure by the Kentucky Supreme Court to adjudicate the claims of error challenging the two murder convictions deny Anthony of his right to a … |
| 24-5947 | Ismail Salaam v. United States | Sixth Circuit | 2024-11-08 | Denied | IFP | courtroom-closure judicial-review plain-error sixth-amendment structural-error trial-procedure | At trial, the district court committed structural error by closing the courtroom in the middle of trial during the adult victim witness's testimony, w… |
| 24-5591 | Guy Benjamin Bowman v. United States | Fourth Circuit | 2024-09-20 | Denied | Response WaivedIFP | jury-selection peremptory-strikes racial-bias structural-error trial-procedure voir-dire | Whether the trial court's refusal to ask of the all-White venire defendant's voir dire questions on racial bias, deprivation of the defendant of the c… |
| 24-5225 | Nidal M. Hasan v. United States | Armed Forces | 2024-08-05 | Denied | IFP | appellate-review automatic-reversal criminal-procedure due-process harmless-error public-trial structural-error waller-v-georgia weaver-v-massachusetts | A violation of the public trial guarantee is structural error, defying harmless error review. Weaver v. Massachusetts, 582 U.S. 286, 299 (2017). In Wa… |
| 24-5160 | Duane Leo Ehmer, Darryl William Thorn, and Jake Ryan v. United States | Ninth Circuit | 2024-07-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-prosecution ex-parte jury-selection jury-trial petty-offenses presley-v-georgia sixth-amendment structural-error sua-sponte | (1) Whether the district court's sua sponte, ex parte, and case-specific excusal of trial jurors for cause constituted reversible structural error? (… |
| 23-7789 | In Re Glenn A. Holder | 2024-06-24 | Denied | Relisted (2)IFP | actual-innocence constitutional-rights due-process due-process-violations fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard structural-error | 1) HAS THE PETITIONER BEEN WRONGFULLY CONVICTED, DUE TO STRUCTURAL ERROR 8S AT TRIAL, WHICH VIOLATE) EVERY UNITED STATES CONSTITUTIONAL RIGHT HE HAD A… | |
| 23-7625 | Henry Sowers v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-06-03 | Denied | Response WaivedIFP | ada-accessibility americans-with-disabilities-act criminal-procedure due-process equal-protection hearing-impairment judicial-accessibility pro-se pro-se-defendant structural-error voir-dire | 1. Does the State violate the American Disabilities Act by failing to provide "Program Accessibility " to a hearing impaired Defendant (pro-se) in a … |
| 23-7615 | Randall Crater v. United States | First Circuit | 2024-06-03 | Denied | Response WaivedIFP | compulsory-process criminal-procedure fair-trial sixth-amendment structural-error touhy-regulations trial-subpoenas witness-testimony | Whether the district court's decision to quash three trial subpoenas because defendant did not comply with Touhy regulations violated defendant's Sixt… |
| 23-7557 | Paul Henry Gibson v. Tim Shoop, Warden | Sixth Circuit | 2024-05-24 | Denied | Response WaivedIFP | constitutional-violation due-process equitable-tolling habeas-corpus hospital-records incapacitation judicial-bias procedural-error structural-error | Does the lower court's decision to bar petitioner, and deny equitable tolling for the period of time petitioner was incapacitated, in the intensive ca… |
| 23-7488 | Jose Eliso Zavala v. Texas | Texas | 2024-05-15 | Denied | IFP | 14th-amendment 6th-amendment actual-bias constitutional-rights fair-trial fourteenth-amendment impartial-jury juror-bias prejudice sixth-amendment structural-error | QUESTION No. 1 WHETHER OR NOT THE PETITIONER WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO A FAIR AND IMPARTIAL TRIAL UNDER THE 6TH AND 14TH AMENDMEN… |
| 23-7051 | Loren J. Larson, Jr. v. Joe Schmidt, Commissioner, Alaska Department of Corrections, et al. | Alaska | 2024-03-21 | Dismissed | Response WaivedIFP | appellate-review due-process fair-trial fourteenth-amendment judicial-bias sixth-amendment state-court-of-appeals structural-error systemic-bias | 1. Does a systemic appearance of bias from a State court of appeals create structural error to a defendant's Sixth Amendment guarantee to a fair trial… |
| 23-6980 | Matthew Murphy v. United States | First Circuit | 2024-03-15 | Denied | Response WaivedIFP | bias constitutional-rights fourteenth-amendment guilty-plea prosecutorial-bias recusal sixth-amendment structural-error | 1. Whether This Court Should Grant This Petition Because The Failure To Exclude The United States District Attorney's Office For the District of Massa… |
| 23-979 | Gerald D. Fields v. Jay Forshey, Warden | Sixth Circuit | 2024-03-06 | Denied | Response Waived | faretta-colloquy fundamental-fairness habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sentencing-procedure structural-error | 1. When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel—a fundamentally unfair structural error … |
| 23-6680 | Mark Mayo v. United States | Ninth Circuit | 2024-02-06 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error rule-52(b) structural-error | Does a clear or obvious structural error always, or at least ordinarily, require relief under the plain-error standard of Federal Rule of Criminal Pro… |
| 23-6648 | Anthony Christopher Mendonca v. United States | Second Circuit | 2024-02-01 | Denied | IFP | constitutional-rights criminal-procedure due-process fair-trial first-amendment jury-selection plain-error-review public-trial public-trial-right sixth-amendment structural-error | The Constitution requires "public" criminal trials. U.S. Const. amend. VI. The First Amendment and Sixth Amendment guarantee the community and the def… |
| 23-6557 | Frank R. Stevenson v. Lynn Lilley, Superintendent, Eastern Correctional Facility | Second Circuit | 2024-01-24 | Denied | Response WaivedIFP | automatic-reversal constitutional-rights criminal-defense criminal-procedure due-process federal-law ineffective-assistance-of-counsel sixth-amendment structural-error unwanted-defense | Whether the unconstitutionality of imposing an unwanted defense on the accused, over objection, has long been federally established and is a structura… |
| 23-6441 | Marc Hernandez v. United States | Third Circuit | 2024-01-08 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rules-of-criminal-procedure integrity-of-courts judicial-integrity plain-error structural-error substantial-rights | 1. The district court excluded the public, including family members, from the courtroom for the entirety of jury selection. Petitioner's counsel faile… |
| 23-663 | Gary Lynn McDuff v. United States | Fifth Circuit | 2023-12-20 | Denied | Response WaivedRelisted (2) | constitutional-rights due-process habeas-corpus judicial-integrity judicial-procedure record-keeping structural-error violation-of-constitution | I am respectfully petitioning for a writ of certiorari directed to the Fifth Circuit Court of Appeals below (Case No.21-40073), in which I am the pro … |
| 23A558 | Gerald D. Fields v. Jay Forshey, Warden | Sixth Circuit | 2023-12-18 | Presumed Complete | habeas-corpus ineffective-assistance pro-se-representation right-to-counsel sixth-amendment structural-error | Whether Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L.Ed.2d 562 (1975), imposes a duty on trial courts to make defendants aware of "the da… | |
| 23-650 | Laura Jordan and Mark Jordan v. United States | Fifth Circuit | 2023-12-15 | Denied | Response RequestedResponse WaivedRelisted (3) | alternative-theory appellate-review constitutional-error criminal-procedure due-process harmless-error jury-instructions structural-error sufficiency-of-evidence | I. Whether an appellate court's harmless-error analysis of constitutional alternative theory error in jury instructions must decline to find the erro… |
| 23-6256 | Kenneth Ray Brabham v. Florida | Florida | 2023-12-14 | Denied | IFP | civil-rights constitutional-violation due-process judicial-discretion judicial-misconduct prosecutorial-misconduct structural-defect structural-error sua-sponte trial-procedure | Whether a trial judge, giving the appearance of partiality by taking sua sponte actions in favor of the state, violates structural due process? Is it… |
| 23-631 | Hollis Morrison Greenlaw, et al. v. United States | Fifth Circuit | 2023-12-12 | Denied | appellate-review constitutional-error criminal-procedure harmless-error intent-to-defraud jury-instructions scheme-to-defraud structural-error | Petitioners were charged with fraud offenses, all of which had as an element "intent to defraud" and most of which also had as an element "scheme to d… | |
| 23-609 | Frander Salguero v. Court of Appeal of California, Second Appellate District, et al. | California | 2023-12-06 | Denied | Response WaivedRelisted (2) | constitutional-duty false-evidence habeas habeas-corpus mandamus prejudice-test prosecutor-misconduct prosecutorial-misconduct structural-error | 1. Whether habeas is the sole remedy or remedy by mandamus is a permissible means to effectuate the constitutional duty to correct false evidence when… |
| 23-6180 | Clifford Allen Follansbee v. Arizona | Arizona | 2023-12-06 | Denied | IFP | arizona-constitution constitutional-rights criminal-procedure criminal-trial due-process judicial-review procedural-fairness professional-norm structural-error united-states-constitution | Are Arizona. Judiciaries violating 4be Doe. Process Clause <dr 4be Arizona. and Un;4ed States ConoViVuWm / bu, practicing a Professional fJocm AWsA is… |
| 23-5938 | Loren J. Larson, Jr. v. Alaska | Alaska | 2023-11-02 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process fair-trial fifth-amendment juror-testimony sixth-amendment structural-error | In Alvarez-Perdomo v. State , 454 P.3d 998, 999 (Alaska 2019), the Alaska Supreme Court held that compelling a defendant to testify in violation of t… |
| 23-266 | Javaar Yavonnie Kalem Watkins v. United States | Eighth Circuit | 2023-09-20 | Denied | Response Waived | constitutional-error conviction-reversal criminal-procedure due-process jury-instruction jury-instructions reasonable-doubt structural-error | The Constitution requires the Government to persuade a jury "beyond reasonable doubt" in order to sustain a conviction. Over Watkins' objection, the r… |
| 23A234 | Jerry Laza v. City of Palestine, Texas | Texas | 2023-09-12 | Presumed Complete | civil-to-criminal-conversion double-jeopardy due-process-protections quasi-criminal-proceedings reasonable-doubt structural-error | Question not identified. | |
| 23-5538 | Noel Brown v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset | Pennsylvania | 2023-09-07 | Dismissed | Relisted (2)IFP | civil-rights constitutional-doctrine dismissal due-process habeas-corpus post-conviction-relief reversal structural-error warden writ-of-certiorari | Whether the substantial holding in case on point Weaver V. Massachusetts U.S. 137 S. CT 809 (2017). WHEREBY, the U.S. Supreme Court clarified sane of … |
| 23-203 | Missouri Department of Corrections v. Jean Finney | Missouri | 2023-09-05 | Denied | Amici (3)Relisted (9) | batson-challenge civil-rights equal-protection fourteenth-amendment jury-selection religious-beliefs religious-discrimination structural-error voir-dire | During voir dire in an employment-discrimination suit involving a lesbian plaintiff, plaintiffs attorney asked several questions about whether jurors … |
| 23A175 | Phillip Charles Gibbs v. Becky Carl, Warden | Sixth Circuit | 2023-08-25 | Presumed Complete | courtroom-closure public-trial sixth-amendment strickland-prejudice structural-error voir-dire | Question not identified. | |
| 23-5253 | Youssef Hoballah v. Virginia | Virginia | 2023-08-01 | Denied | IFP | appeal-procedure constitutional-rights criminal-procedure double-jeopardy due-process evidence plea-bargaining sentencing sixth-amendment structural-error trial-procedure | Question not identified. |
| 23-5193 | Bradley Ross Fairbourn v. Neicole Morden, Warden, et al. | Tenth Circuit | 2023-07-25 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process fair-trial habeas-corpus impliedly-biased-juror juror-bias strickland-standard strickland-v-washington structural-error weaver-v-massachusetts | Whether, in light of this Court's decision in Weaver v. Massachusetts , __ U.S. __, 137 S. Ct. 1899, 198 L. Ed. 2d 420 (2017), the actual -prejudi ce … |
| 23-5118 | In Re Dustin Ray Braddock | 2023-07-18 | Denied | Response WaivedIFP | criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error | Whether the District Court erred in denying petitioner Braddock's right to expert and precipient witness testimony, and whether prosecutorial miscondu… | |
| 23-5075 | Derek J. Petty v. United States | Eighth Circuit | 2023-07-11 | Denied | Response WaivedIFP | criminal-law criminal-offense criminal-procedure due-process essential-element federal-felony federal-jurisdiction indictment indictment-defect judicial-review structural-error | Whether the omission of an essential element of a criminal offense from a federal felony indictment constitutes structural error. |
| 23-5034 | Omar Francisco Orduno-Ramirez v. United States | Tenth Circuit | 2023-07-05 | Denied | IFP | attorney-client-privilege confidential-communications due-process prosecutorial-misconduct sentencing sentencing-phase sixth-amendment structural-error | When prosecutors intentionally and without any legitimate law-enforcement justification access confidential attorney-client communications before sent… |
| 22-7632 | Kristofer D. Garrett v. Ohio | Ohio | 2023-05-24 | Denied | IFP | capital-defendant plain-error-test public-trial sixth-amendment structural-error substantial-rights | Does a state court finding of structural error, based on a violation of a capital defendant's Sixth Amendment right to a public trial, satisfy the pla… |
| 22-7575 | Larry Edmond v. Tommy Williams, Warden | Tenth Circuit | 2023-05-16 | Denied | Response WaivedIFP | civil-rights confrontation-clause constitutional-rights due-process impartial-jury ineffective-assistance jury-bias racial-bias racial-discrimination structural-error trial-court | 1. Whether district court trial abuse its discretion and violated the defendant's constitutional right to an impartial jury when it refused to grant a… |
| 22-7519 | Daniel A. Rodriguez v. United States | Eleventh Circuit | 2023-05-10 | Denied | Response WaivedIFP | appellate-review circuit-court-procedure civil-procedure due-process judicial-discretion judicial-recusal sentencing-review standing statutory-interpretation structural-error | I. Whether it is a Structural Error for a District Judge to preside over proceedings that he has been directly recused from. II. When the Circuit Cou… |
| 22-7284 | Herbert Bernard Johnson v. United States | Sixth Circuit | 2023-04-14 | Denied | Response WaivedIFP | amendment criminal-law criminal-procedure harmless-error indictment indictment-amendment interstate-commerce statutory-interpretation structural-error | I. Should this Court grant the Petition for a Writ of Certiorari to resolve whether the statutory language of 18 U.S.C. §2252A(a)(5)(B)'s alternative … |
| 22-7239 | Edward Knight v. United States | Ninth Circuit | 2023-04-07 | Denied | Response WaivedIFP | crime-of-violence criminal-procedure due-process felony hobbs-act in-person jury-trial public-trial sixth-amendment structural-error | 1. Whether allowing a seated juror to appear virtually via Zoom in a federal felony trial is structural error violating the Fifth and Sixth Amendment … |
| 22-6924 | Gerald Drummond v. Pennsylvania | Pennsylvania | 2023-03-03 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt reasonable-doubt-instruction state-courts structural-error trial-procedure | IS THE PENNSYLVANIA COURTS INAPPROPRIATELY DENYING THE UNITED STATES CONSTITUTIONAL PROTECTIONS OF THE PETITIONER RIGHTS IN THEIR DENIAL OF RELIEF TO … |
| 22-6800 | Ronald Lee Sorenson v. Washington | Washington | 2023-02-16 | Denied | IFP | constitutional-rights due-process jurisdiction mathews-factors reasonable-doubt sixth-amendment structural-error structural-error-doctrine venue | 1. Where the First of the Four Total Specific Alleged Acts presented by the prosecution in its Evidence in support of the Four Total Counts Charged ag… |
| 22-6543 | Miguel Angel Mota v. United States | Ninth Circuit | 2023-01-17 | Denied | Response WaivedRelisted (2)IFP | circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 22-6443 | Daquan Madrid Pridgen v. United States | Fourth Circuit | 2023-01-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process rule-of-lenity sentencing sentencing-guidelines sixth-amendment statutory-interpretation structural-error | I. WHETHER THE DISTRICT COURT COMMITTED STRUCTURAL ERROR BY FINDING THAT THE SENTENCE FOR A VIOLATION OF 18 U.S.C. § 2113(e) SHOULD BE 10 YEARS TO LIF… |
| 22-587 | Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. | Third Circuit | 2022-12-27 | Denied | due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel | Whether, in the context of habeas proceedings under 28 U.S.C. § 2254, the failure of trial counsel to object to a jury instruction which does not cont… | |
| 22-6265 | Sachin Aji Bhaskar v. United States | Second Circuit | 2022-12-09 | Denied | Response WaivedIFP | cares-act constitutional-rights due-process fifth-amendment remote-sentencing statutory-authority structural-error | What is required under the CARES Act for a remote sentencing to comport with a defendants Fifth Amendment right to due process under the constitution?… |
| 22-6203 | Peter Gakuba v. Rachel Dodd | Seventh Circuit | 2022-12-02 | Dismissed | Response WaivedIFP | 14th-amendment 28-usc-2253 28-usc-2254 civil-procedure due-process habeas habeas-corpus judicial-bias pro-se-petition structural-error | I. HABEAS 28 USC § 2254; CERT. OF APPEAL. 28 USC §2253; F.R. CIV. P. RULE 60(B)(6) Per Gonzalez v. Crosby, 545 US 524, 125 S. Ct. 2641 (2005), Gakub… |
| 22-464 | United States v. Saleem Hakim | Eleventh Circuit | 2022-11-16 | Denied | appellate-review automatic-vacatur criminal-procedure judicial-discretion pretrial-procedure right-to-counsel self-representation structural-error | Whether a defendant's erroneous pretrial self-representation categorically constitutes structural error, thereby requiring automatic vacatur of the co… | |
| 22-6058 | Justin David Martin v. United States | Sixth Circuit | 2022-11-15 | Denied | Response WaivedIFP | court-of-record criminal-procedure evidence evidence-admission federal-prosecution procedural-error record search-warrant structural-error waiver | 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the… |
| 22-6021 | George Guo v. Texas | Texas | 2022-11-08 | Denied | Relisted (2)IFP | capital-murder criminal-procedure delayed-death-homicide due-process ex-post-facto fair-warning jackson-standard statute-of-limitations structural-error | 1. Under the Jackson standard and per Garrett v. U.S. 471 U.S. 779,1791, is this conviction of Texas Penalty code §19.03 (a) (2) capital murder a "Vo… |
| 22-418 | Gene Deveraux v. Montana | Montana | 2022-11-04 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | automatic-reversal biased-juror constitutional-right for-cause-challenge jury-bias sixth-amendment structural-error trial-court-discretion trial-procedure | Whether a trial court commits structural error, requiring automatic reversal under the Sixth Amendment, when it seats a biased juror after erroneously… |
| 22-5541 | Edwin Pawlowski v. United States | Third Circuit | 2022-09-12 | Denied | Response WaivedRelisted (2)IFP | appellate-review compulsory-process due-process harmless-error judicial-process re-cross-examination sixth-amendment structural-error trial-court-error | Did the Trial Court error by improperly restricting the examination in light of newDefendant's right to re-cross and evidence presented by the Prosecu… |
| 22-5431 | Davante Turner v. United States | Sixth Circuit | 2022-08-23 | Denied | Response WaivedIFP | constitutional-protections courtroom-closure due-process fair-trial government-agent public-trial sixth-amendment structural-error | (1) Whether it is structural error and a violation of Petitioner's constitutional protections to a fair and public trial under the Sixth Amendment of … |
| 22-5327 | Lavone Ganithus Dixon, Jr. v. United States | Sixth Circuit | 2022-08-10 | Denied | Response WaivedIFP | civil-rights constitutional-procedure court-record due-process evidence-admission federal-prosecution record-of-court search-warrant structural-error | 1. As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the… |
| 22-5256 | In Re Daniel Patrick Sheehan | 2022-08-02 | Denied | IFP | actual-innocence constitutional-rights constitutional-violation due-process habeas-corpus ineffective-counsel post-conviction-relief structural-error | Q: Will the Honorable Supreme Court let this complete miscarriage of Justice Continue? The petitioner is incarcerated despite Structural Error, Viola… | |
| 22-5218 | Reginald Dexter Carr, Jr. v. Kansas | Kansas | 2022-07-28 | Denied | IFP | 14th-amendment 5th-amendment 6th-amendment automatic-reversal due-process fifth-amendment fourteenth-amendment harmless-error sixth-amendment structural-error | 1. Was the denial of Reginald Carr's Fifth, Sixth and Fourteenth Amendment rights to testify structural constitutional error requiring automatic rever… |
| 22-5154 | Myron Baker v. United States | Sixth Circuit | 2022-07-22 | Denied | Response WaivedIFP | court-record criminal-procedure district-court evidence evidence-admission federal-prosecution record-of-court search-and-seizure search-warrant state-search-warrant structural-error | As Courts of the United States are Courts of Record, is it structural error for the federal Prosecution to rely upon a state search warrant for the ad… |
| 21-8268 | Roger Acosta v. United States | Ninth Circuit | 2022-06-29 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-procedure federal-jurisdiction federal-prosecution indictment indictment-defect mens-rea rehaif-standard structural-error | Petitioners were each convicted of possessing a firearm as a prohibited person. After their convictions became final, this Court held in Rehaif v. Uni… |
| 21-8254 | Bryant Calloway v. United States | Third Circuit | 2022-06-28 | Denied | Response WaivedIFP | due-process grand-jury guilty-verdict judicial-review material-perjury perjury petit-jury precedent structural-error | 1. Whether this Court should consider material perjury before the grand jury as structural error that is not cured by the guilty verdict of the petit … |
| 21-8243 | Michael Shane Bargo v. Florida | Florida | 2022-06-28 | Denied | IFP | burden-of-proof criminal-defense due-process ineffective-assistance plea-of-not-guilty presumption-of-innocence right-to-counsel sixth-amendment structural-error | Did Mr. Bargo show that a violation of his rights occurred, pursuant to McCoy, when he explicitly entered a plea of not guilty and maintained his inno… |
| 21-8141 | Christopher G. Poeschl v. Foundation Building Materials, LLC, et al. | Colorado | 2022-06-15 | Denied | IFP | appellate-review civil-procedure due-process evidentiary-sufficiency expert-testimony judicial-discretion legal-fraud perjury prejudice structural-error trial-procedure trial-procedures | Whether or not fraud, solidified the Colorado Appeals Affirmation specific but not limited to, transcripts and the number of pages thereof; and Its fu… |
| 21-8138 | Lawrence J. Gerrans v. United States | Ninth Circuit | 2022-06-14 | Denied | Response WaivedIFP | civil-rights criminal-procedure first-amendment free-exercise religious-rights sixth-amendment structural-error trial-rights | 1. May a district court , upon the prosecutor's demand that a defendant's Bible be removed from the courtroom during a criminal trial, constitutionall… |
| 21-7922 | Jason Michael Ehret v. United States | Fifth Circuit | 2022-05-19 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction | Does an uncounseled guilty plea — where defense counsel was suspended and thus "ineligible to practice in federal court" at that time -- constitute a … |
| 21-7920 | Jimmy Lee Wheeler v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-05-19 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights due-process equal-protection federal-jurisdiction government-misconduct habeas-corpus judicial-review legal-standard structural-error | 11. Whether his Court Will Certify that A Manifert has been Cireumvented by the lower injustice disregarded by the Appelliate Also been Courts and rul… |
| 21-7814 | Julia Ann Poff v. Warren Smith, Warden | Fifth Circuit | 2022-05-09 | Denied | Response WaivedIFP | civil-rights constitutional-violation due-process fundamental-rights habeas-corpus standing structural-error trial-process | 1. Was Hr Lomplete deprivation oF Ms. POEFS Sundamental rights 4D determine hoo +b Broted Wer i berhy related to. . Structural error violaked multipl… |
| 21-1273 | Frank D. Lazzerini v. Ohio | Ohio | 2022-03-21 | Denied | Response Waived | constitutional-rights criminal-defendant criminal-procedure due-process harmless-error right-to-be-present structural-error trial-proceedings voir-dire | Over objection that it violated his constitutional right to be present at all critical stages of his trial on two hundred seventy-two felony charges, … |
| 21-7300 | LeMaricus Davidson v. Tennessee | Tennessee | 2022-03-08 | Denied | IFP | actual-prejudice death-penalty fair-trial fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel jury-selection post-conviction prejudice-presumption structural-error | Should prejudice in an ineffective assistance of counsel case be presumed where the deficient performance of counsel resulted in a structural error co… |
| 21-7177 | Maurice O. Byrd, Jr. v. Raymond Byrd, Warden, et al. | Sixth Circuit | 2022-02-23 | Denied | Response WaivedIFP | abandonment-of-appeal conflict-of-interest habeas-corpus ineffective-assistance-of-counsel post-conviction-relief prejudice structural-error | Does grossly inadequate representation on appeal by appellate counsel, counsel acting after announcing an actual conflict of interest was the basis to… |
| 21-1146 | Gary McClain v. Texas | Texas | 2022-02-17 | Denied | client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy | This Court held in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), that defense counsel may not concede his client's guilt in the guilt phase of trial if … | |
| 21-7071 | Keaon Wilson v. United States | Third Circuit | 2022-02-08 | Denied | Response WaivedIFP | constitutional-rights due-process juror-misconduct juror-numbers jury-selection mix-up sixth-amendment structural-error trial-procedure | IS IT STRUCTURAL ERROR IN VIOLATION OF THE SIXTH AMENDMENT FOR A JUROR TO SIT ON A JURY WHEN THAT JUROR WAS NOT ACTUALLY SELECTED TO BE ON THE JURY DU… |
| 21-1094 | Jacques Jean Kabongo v. Michigan | Michigan | 2022-02-07 | Denied | appellate-review batson-challenge due-process equal-protection fair-trial jury-selection structural-error supreme-court-review | I. WHETHER THE MICHIGAN SUPREME COURT APPLICATION OF BATSON WAS OBECTIVELY UNREASONABLE BY ACCEPTING CLEARLY ERRONEOUS FINDINGS AND DEFERRING TO TRIAL… | |
| 21-1082 | Tarresse Leonard v. United States | Eleventh Circuit | 2022-02-04 | Denied | criminal-procedure essential-element harmless-error indictment judicial-review motion-to-dismiss structural-error | Whether the erroneous denial of a timely raised motion to dismiss an indictment omitting an essential element is structural error requiring dismissal … | |
| 21-6931 | Tom Iles White, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-01-20 | Denied | Relisted (2)IFP | constitutional-rights constitutional-violation due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-testify structural-error | 1. When a defendent claims their trial counsel denied them the right to testify in a habeas corpus proceeding, can this claim and a witness' supporti… |
| 21-993 | Willard Anthony v. Louisiana | Louisiana | 2022-01-12 | Denied | Response RequestedResponse WaivedRelisted (10) | confrontation-clause confrontation-right due-process fair-trial harmless-error presumption-of-innocence prosecutorial-misconduct prosecutorial-testimony structural-error witness-credibility | Whether the presumption of innocence, the right to confrontation, and the right to a fair trial permit a court to allow the grand jury prosecutor to t… |
| 21-6772 | Jerry Lee Canfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2022-01-06 | Denied | Response RequestedRelisted (2)IFP | civil-rights constitutional-error due-process harmless-error jury-bias jury-impartiality jury-selection structural-error voir-dire | QUESTION NUMBER ONE: The Fifth Circuit has announced a newly created rule under the principle of "interpretati logica," and dclared: "Once a panelist… |
| 21-6607 | In Re Andrew Thomas Burns, Sr. | 2021-12-14 | Denied | IFP | constitutional-rights due-process ineffective-assistance pro-se pro-se-representation right-to-counsel sixth-amendment structural-error trial-court-error waiver-inquiry | 1. DID THE TRIAL COURT'S FAILURE TO CONDUCT AN AFFIRMATIVE WAIVER INQUIRY PRIOR TO ORDERING PETITIONER TO PROCEED PRO SE AT TRIAL, DENY PETITIONER OF … | |
| 21-871 | Louisiana v. David H. Brown | Louisiana | 2021-12-13 | Denied | capital-case death-penalty faretta-right faretta-v-california mccoy-v-louisiana self-representation structural-error trial-counsel | Whether the Louisiana Supreme Court erred in vacating the three death sentences imposed on the respondent when the trial court granted respondent's re… | |
| 21-6386 | Antjuan Sydnor v. California | California | 2021-11-23 | Denied | IFP | constitutional-rights counsel-absence criminal-prosecution critical-stage jury-deliberations right-to-counsel sixth-amendment structural-error | 1. In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury duri… |
| 21-714 | Judy Morrow Wright, et vir v. Matthew G. Buyer, et al. | Tennessee | 2021-11-15 | Denied | Response Waived | appearance-of-bias constitutional-rights due-process judicial-neutrality judicial-recusal recusal structural-error structural-right williams-precedent williams-v-pennsylvania | 1. Per Williams v. Pennsylvania, 579 U.S. 1, 136 S. Ct. 1899, 195 L. Ed. 2d 132 (2016) ("Williams"), because Petitioners' Fourteenth Amendment right t… |
| 21-6123 | Antonio Rene Martinez v. United States | Ninth Circuit | 2021-11-01 | Denied | Response WaivedRelisted (2)IFP | circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 sentencing structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 21-5991 | Ricky Allen Fackrell v. United States | Fifth Circuit | 2021-10-18 | Denied | IFP | administration-of-justice appellate-record capital-cases federal-rule-of-appellate-procedure-10 right-to-appeal structural-error | 1. Whether an unrecorded conference in chambers is a "hearing or trial," or "proceeding," under Federal Rule of Appellate Procedure 10(c) such that a … |
| 21-5826 | Armel Baxter v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2021-09-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | due-process habeas-corpus harmless-error ineffective-assistance-of-counsel reasonable-doubt structural-error | Whether an erroneous reasonable-doubt instruction that would be structural error on direct appeal warrants a presumption of prejudice when raised in a… |
| 21-5614 | In Re James Williams | 2021-09-08 | Denied | IFP | access-to-courts civil-rights court-appointed-counsel due-process habeas-corpus ineffective-assistance-of-counsel post-conviction-relief pro-se-representation self-representation sixth-amendment structural-error | [1]. Does the District Courts arbitrary denying defendant Sixth Amendment Constitutional Right to Self-Representation on initial 2255 constitute extra… | |
| 21-5566 | Razhden Shulaya v. United States | Second Circuit | 2021-09-02 | Denied | Response WaivedIFP | constitutional-rights counsel-interference due-process judicial-bias jury-instruction jury-instructions right-to-counsel structural-error trial-procedure | 1) Whether the United States District Court for the Southern District of New York provided a constitutionally flawed trial and committed structural er… |
| 21-5450 | Richard K. Cook v. Todd Wasmer, Warden, et al. | Eighth Circuit | 2021-08-23 | Denied | Response WaivedRelisted (2)IFP | accomplice-instruction amendment-violation constitutional-rights dna-evidence due-process evidence-planting ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct structural-error | The Crime Scene Investigator (CSI) in this case eventually went to prison for planting DNA evidence in another murder case, as he's alleged to have pl… |
| 21-5327 | Mark Anthony Gonzalez v. Texas | Texas | 2021-08-09 | Denied | IFP | criminal-procedure juror-substitution jury-deliberation jury-trial sixth-amendment structural-error trial-procedure unanimous-verdict | Petitioner Mark Gonzalez's penalty-phase jury was charged with deciding two issues that together would dictate his sentence. The jury had reached a ve… |
| 21-5282 | Tyrius Green v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. | Third Circuit | 2021-08-03 | Denied | IFP | due-process eyewitness-identification jury-instructions reasonable-doubt structural-error sullivan-v-united-states trial-by-jury trial-procedure witness-identification | Tyrius Green was convicted of murder based solely upon witness identification testimony as there was no physical evidence presented at his trial that … |
| 20-8119 | Peter Anthony Ciraulo v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure harmless-error jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Whether a trial court commits structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a… |
| 20-8126 | Charles Wesley Kincheloe v. Oregon | Oregon | 2021-05-25 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process jury-trial nonunanimous-verdict sixth-amendment structural-error unanimous-verdict | Does a trial court commit structural error for purposes of the Sixth Amendment to the United States Constitution, when the trial court instructs a jur… |
| 20-8105 | Daniel Littlepage v. First District Court of Appeals of Ohio | Ohio | 2021-05-24 | Denied | Response WaivedIFP | appellate-review due-process judicial-bias new-trial structural-error trial-procedure | 1. Is a Petitioner Entitled to a New Trial when the "Bias" and "Partial" behavior of a Trial Judge exceeds the Requirement to prove "Structural" Err… |
| 20-1523 | Rolando Cruz, Jr., Marc Hernandez, and Roscoe Villega v. United States | Third Circuit | 2021-04-30 | Denied | constitutional-rights drug-conspiracy integrity-of-courts jury-selection plain-error-review public-interest sentencing structural-error substantial-rights | 1. The district court excluded the public, including family members, from the courtroom for the entirety of jury selection. Petitioners' counsel faile… | |
| 20-7889 | Anthony Sistrunk v. United States | Third Circuit | 2021-04-29 | Denied | IFP | plain-error plain-error-review public-trial public-trial-right sixth-amendment structural-error sua-sponte-closure voir-dire waller-v-georgia | In the context of direct appeal, when the district court sua sponte closes the courtroom for the entirety of voir dire and fails to make findings spec… |
| 20-7868 | Douglas Kelly v. United States | Third Circuit | 2021-04-28 | Denied | IFP | alleyne-precedent automatic-reversal direct-appeal drug-conspiracy jury-selection prejudice public-trial rico-conspiracy sentencing-enhancement structural-error | I. In the context of a structural error involving a public trial violation during jury selection, where no trial objection was made but the error was … |
| 20-1512 | Gregory C. Dacanay v. Illinois | Illinois | 2021-04-28 | Denied | Response Waived | criminal-procedure fourteenth-amendment impartial-jury impartiality jury-selection law-enforcement sixth-amendment structural-error | Whether law enforcement officers, despite their answers to voir dire questions, can be fair and impartial jury members in a criminal trial in order to… |
| 20-7865 | Terry Lee Froman v. Ohio | Ohio | 2021-04-27 | Denied | IFP | capital-punishment constitutional-duty death-penalty fair-trial jury-selection racial-bias structural-error voir-dire | 1) Does trial counsel have an obligation to conduct a meaningful and comprehensive voir dire as it relates to racial bias, explicit or implicit, of ju… |
| 20-7808 | James R. W. Mitchell v. California | California | 2021-04-20 | Denied | Response WaivedIFP | client-autonomy mccoy-v-louisiana retroactivity sixth-amendment structural-error voluntary-manslaughter | In McCoy v. Louisiana (2018) 138 S.Ct. 1500, this Court held that a criminal defendant has a right of autonomy under the Sixth Amendment to dictate th… |
| 20-7661 | Rodney Russell v. United States | First Circuit | 2021-04-06 | Denied | Response WaivedIFP | appellate-review due-process ex-parte-communication juror-bias juror-dishonesty jury-selection motive structural-error | I. Whether it viola ted due proc ess for the distric t court to a ppoint the Federal Defender not only to re present a juror for whom a legitim ate cl… |
| 20-7573 | Merrickio D. Harris v. Nebraska | Nebraska | 2021-03-26 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-proceedings due-process fundamental-fairness judicial-review self-representation structural-error | 1) Whether the Nebraska State Courts committed structural error and violated the Petitioner's Federal Constitutional Rights to Self Representation and… |
| 20-7470 | Pablo Ramon Guerrero v. Nevada | Nevada | 2021-03-16 | Denied | IFP | actual-innocence batson critical-stage cronic due-process fundamental-fairness mccollum presumed-prejudice strickland structural-error trial-procedure | 1.) Whether a Brady/Giglio prosecutorial misconduct violation exists as a structural error, and if so, whether petitioner was denied a fundamentally f… |
| 20-1256 | Malcolm A. French v. United States | First Circuit | 2021-03-10 | Denied | Response Waived | abuse-of-discretion appellate-review criminal-procedure impartial-jury juror-bias juror-mendacity mcdonongh-test right-to-jury standard-of-review structural-error | The first time this case was before the First Circuit, it remanded for further proceedings on French's motion for a new trial made after information s… |
| 20-7394 | Joaquin Ramos De La Cruz v. United States | Fifth Circuit | 2021-03-09 | Denied | IFP | 18-usc-922 18-usc-924 armed-career-criminal-act categorical-approach circuit-split divisibility felon-in-possession guilty-plea knowledge-requirement sentencing-enhancement statutory-interpretation structural-error | I. Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), witho… |
| 20-7339 | Kevin Antonio Watson v. Virginia | Virginia | 2021-03-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-interpretation court-procedure critical-stage due-process federal-law habeas-corpus judicial-interpretation procedural-review right-to-counsel right-to-effective-assistance-of-counsel structural-error | 1o Whether Petitioner's trial Counsel sleeping during the Commonwealth's witness directexamination is a critical stase of the triali Whether it consti… |
| 20-7330 | James Marcus Lloyd, III v. J. Hutchinson, Warden | Fourth Circuit | 2021-03-05 | Denied | IFP | 922(g) actual-innocence constitutional-rights criminal-procedure due-process grand-jury ineffective-assistance rehaif right-to-trial structural-error | 1. Whether petitioners constitutional right to due process and his constitutional right to, "decide to proceed to trial or, plead guilty " was "denied… |
| 20-7251 | Eric Lyle Williams v. Texas | Texas | 2021-02-25 | Denied | Amici (1)IFP | criminal-procedure death-penalty due-process fair-trial prosecutor-bias prosecutorial-misconduct recusal structural-error | (1) Does the participation of a conflicted and recused prosecutor in a death penalty trial violate due process? (2) Does the undisclosed participatio… |
| 20-7169 | Lawrence Nunley v. Richard Brown | Seventh Circuit | 2021-02-19 | Denied | Response WaivedIFP | child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony | During the criminal trial, the prosecutor orchestrated a stunt to have a child witness write down the most critical portion of her testimony while on … |
| 20-7036 | Emmanuel Ravell v. United States | Fifth Circuit | 2021-02-04 | Denied | Relisted (2)IFP | automatic-relief circuit-split criminal-law felon-in-possession firearm-possession guilty-plea plain-error rehaif structural-error | Petitioner asks this Court to grant review to determine whether a guilty plea to possessing a firearm as a felon in violation of 18 U.S.C. 922(g)(1) a… |
| 20-6984 | Ralph Frank Esposito, Jr. v. Arizona | Arizona | 2021-01-28 | Denied | Response WaivedIFP | 5th-amendment brady-violation constitutional-rights criminal-procedure discovery-violation due-process evidence-suppression structural-error witness-testimony | Question not identified. |
| 20-6869 | Tavarius D. Radford v. Illinois | Illinois | 2021-01-13 | Denied | Response WaivedIFP | courtroom-closure direct-appeal ineffective-assistance partial-closure public-trial sixth-amendment structural-error waller-v-georgia weaver-v-massachusetts | (1) Whether the "overriding interest" test established by this Court in Waller v. Georgia, 467 U.S. 39 (1984), to determine if a defendant's Sixth Ame… |
| 20-6802 | Noel Jones v. United States | Fifth Circuit | 2021-01-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | automatic-reversal constitutional-defect criminal-liability criminal-procedure drug-conspiracy drug-quantity due-process guilty-plea sentencing-enhancement structural-error | (1) If a criminal defendant pleading guilty to a drug conspiracy is required to admit to an enhancing drug quantity as part of his guilty plea but has… |
| 20-6793 | Curtis Parks v. Willis Chapman, Warden | Sixth Circuit | 2021-01-08 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process fundamental-fairness habeas-corpus post-conviction procedural-default structural-error | (1) After Weaver, can a petitioner in post-conviction proceedings asserting a procedurally defaulted structural error demonstrate prejudice by showing… |
| 20-838 | Kim Blandino v. Nevada, et al. | Nevada | 2020-12-22 | Denied | constitutional-rights criminal-procedure due-process fifth-amendment first-amendment fourteenth-amendment free-exercise impartial-judge judicial-impartiality structural-error | (1) Whether this Court's decision in Rippo v. Baker, 137 S. Ct. 905 (2017) which concerns a structural error of the Constitutional denial of an impart… | |
| 20-6624 | Aaron Michael Aguilera v. California | California | 2020-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-defendant criminal-defendant-rights due-process fair-trial harmless-error jury-instructions presumption-of-innocence right-to-testify structural-error | 1. Consistent with a criminal defendant's fundamental right to testify in his or her own defense — as well as the right to present a complete defense,… |
| 20-6603 | In Re Antonio Akel | 2020-12-10 | Dismissed | Response WaivedIFP | appellate-jurisdiction appellate-procedure due-process equal-protection habeas-corpus mandamus right-to-counsel sixth-amendment structural-error | WHETHER: A WRIT OF MANDAMUS IS THE ONLY APPROPRIATE REMEDY WHERE THE ELEVENTH CIRCUIT COURT OF APPEALS IS IN CLEAR AND UNEQUIVOCAL DEPARTURE OF FEDER… | |
| 20-701 | James Calvert v. Texas | Texas | 2020-11-20 | Denied | Relisted (6) | capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error | 1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent… |
| 20-6373 | Cordarrius Bonds v. United States | Sixth Circuit | 2020-11-18 | Denied | Relisted (2)IFP | criminal-procedure felon-in-possession firearm-possession knowledge-of-status plain-error plea-bargaining sixth-amendment sixth-circuit-precedent structural-error | I. When a defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and the plea was neither knowing no… |
| 20-6199 | Jacob Townley Hernandez v. Suzanne M. Peery, Warden | Ninth Circuit | 2020-11-03 | Denied | Response RequestedRelisted (11)IFP | certificate-of-appealability constitutional-claim counsel-communication gag-order habeas-corpus right-to-counsel sixth-amendment structural-error trial-court-order trial-procedure | Before trial began, the trial court issued a concededly unjustified gag order that prohibited defense counsel from discussing with the defendant or an… |
| 20-6020 | Nasser Mohamad Bazzi v. Michigan | Michigan | 2020-10-15 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel interpreter-rights interpreters sixth-amendment structural-error | 1. WAS THE ARABIC-SPEAKING APPELLANT DENIED EFFECTIVE ASSISTANCE OF COUNSEL DURING CRITICAL STAGES OF THE PROCEEDINGS, FOR WHICH PREJUDICE IS PRESUMED… |
| 20-5852 | Robert Louis Brandon v. United States | Fifth Circuit | 2020-09-30 | Denied | Relisted (3)IFP | appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error | 1. Is a district court's error under Rehaif v. United States, 139 S. Ct. 2191 (2019), a structural error that warrants automatic reversal of a guilty … |
| 20-5824 | Trenard Caldwell v. United States | Eleventh Circuit | 2020-09-28 | Denied | Relisted (3)IFP | criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error | Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed that … |
| 20-5773 | William C. McGee v. United States | Eighth Circuit | 2020-09-24 | Denied | Relisted (4)IFP | armed-career-criminal-act criminal-procedure essential-element judicial-determination jury-instructions jury-trial sixth-amendment structural-error | I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eig… |
| 20-5775 | Natalie Angeles v. United States | Fifth Circuit | 2020-09-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acceptance-of-responsibility criminal-procedure harm-analysis judicial-coercion presentence-report sentencing structural-error | Does a district court coerce the Defendant to withdraw her objections to findings in the Presentence Report where the court informs the Defendant that… |
| 20-5619 | James Allen Minyard v. North Carolina | North Carolina | 2020-09-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights | There was a bona fide doubt as to Petitioner's competence to be tried, due to him becoming stuporous and non-responsive in the second day of his two-d… |
| 20-5598 | Gary Richardson v. Colorado | Colorado | 2020-09-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-trial due-process family-member impartial-jury jury-selection sixth-amendment structural-error | Whether a trial judge commits structural error violating a defendant's Sixth Amendment and due process rights to an impartial and independent jury by … |
| 20-5489 | Rodney Lavalais v. United States | Fifth Circuit | 2020-08-25 | Denied | Relisted (3)IFP | 2k2.1(b)(4)(a) appellate-review due-process guilty-plea plain-error-review plea-voluntariness prejudice sentencing-guidelines stolen structural-error | 1. When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic reversa… |
| 20-171 | Isaac L. Hobbs v. United States | Sixth Circuit | 2020-08-17 | Denied | Relisted (3) | 18-usc-922 constitutional-violation criminal-procedure due-process guilty-plea knowledge-of-status statutory-interpretation structural-error | Does a constitutionally invalid guilty plea resulting from the government's failure to inform a defendant of the knowledge-of-status element of 18 U.S… |
| 20-5269 | Amadeo Valls v. Florida | Florida | 2020-08-05 | Denied | IFP | acquittal burglary criminal-procedure due-process jury-instructions mens-rea structural-error | (1) WHETHER Due process prohibits Florida from excluding Hews rea .instruction from Burglary CHARGES or WHETHER IT IS STRUCTURAL ERROR For Trial court… |
| 20-5173 | Juan Domingo Velazquez v. Texas | Texas | 2020-07-24 | Denied | IFP | court-appointed-counsel criminal-procedure defendant-rights due-process ineffective-assistance jury-trial plea-of-not-guilty right-to-counsel sixth-amendment structural-error | Was it "structural error" that violated Petitioner's Sixth Amendment autonomy rights when Petitioner's court appointed counsel conceeded his client's … |
| 20-5078 | Vagan Adzhemyan v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | contested-element contested-elements due-process federal-kidnapping-statute harmless-error jury-instruction jury-instructions kidnapping-statute sixth-amendment structural-error | Whether the Sixth Amendment allows a district court to refuse to instruct jurors on the only contested element of the federal kidnapping statute after… |
| 20-5050 | Ezra Leslie v. New York | New York | 2020-07-13 | Denied | Response WaivedIFP | constitutional-rights due-process fair-trial ineffective-counsel prosecutorial-misconduct reversal sixth-amendment structural-error | 1. Petitioner, [Ezra Leslie], was charged with second-degree murder in the death of his paramour. Leslie maintained his innocence and informed his cou… |
| 19-8836 | Bobby Ray Culpepper v. Texas | Texas | 2020-06-26 | Denied | IFP | civil-rights constitutional-rights due-process fair-trial judicial-bias judicial-error legal-remedy prejudicial-error standing structural-error trial-procedure | 1. Was Petitioner giving a Fair Trial, or was Petitioner's trial a total oxce because of Structural Error! and Petitioners Trial Counsel, betore Petit… |
| 19-8816 | Willie Edward Blackshire v. United States | Eleventh Circuit | 2020-06-25 | Denied | Relisted (3)IFP | circuit-split constitutional-validity due-process guilty-plea henderson-v-morgan rehaif-standard rehaif-v-united-states structural-error | This Court has long held that, for a guilty plea to satisfy constitutional due process requirements, the defendant must have been informed of all elem… |
| 19-8724 | Michael Garry v. Trane Company | Wisconsin | 2020-06-17 | Denied | Relisted (2)IFP | appellate-procedure court-procedure evidence-review federal-rules-of-appellate-procedure judicial-discretion judicial-procedures mandate-rules mootness newly-discovered-evidence procedural-error structural-error | (1) The Wisconsin Supreme Court was manifestly wrong in rejecting the Petitioner's Appeal for Review, when it failed to consider mitigating, newly dis… |
| 19-8730 | Westley Kennedy v. United States | Eleventh Circuit | 2020-06-17 | Denied | Response WaivedIFP | 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error | The Sixth Amendment guaranteed Westley Kennedy the right to counsel with undivided loyalties. The government knew that Kennedy's court-appointed lawye… |
| 19-8690 | Jimmy Lee Wheeler v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2020-06-12 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights constitutional-rights criminal-procedure double-jeopardy due-process equal-protection judicial-review sentencing statutory-interpretation structural-error | The OCR text is too degraded and illegible to accurately extract the "Question(s) Presented" section verbatim. While a "QUESTION(S) PRESENTED" header … |
| 19-8555 | James Troiano v. United States | Ninth Circuit | 2020-05-28 | Denied | Response WaivedIFP | 28-usc-2253 certificate-of-appealability circuit-split criminal-procedure federal-appellate-procedure habeas-corpus harmless-error rehaif-error rehaif-v-united-states structural-error | The Fourth Circuit has held that error under Rehaif v. United States, 139 S.Ct. 2191 (2019), is structural; the Ninth Circuit and other courts routine… |
| 19-8522 | Richard Felton v. Massachusetts | Massachusetts | 2020-05-22 | Denied | IFP | common-law due-process fourteenth-amendment procedural-waiver retroactive-application rogers-v-tennessee structural-error | Did the Massachusetts Appeals Court deny a defendant due process of law in violation of the Fourteenth Amendment, when it retroactively applied two de… |
| 19-8411 | Charles Burton v. United States | Sixth Circuit | 2020-05-06 | Denied | Response WaivedIFP | criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error | 1. Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rul… |
| 19-8275 | Robert L. Swinton v. United States | Second Circuit | 2020-04-16 | Denied | Response WaivedIFP | automatic-exclusion complex-motion due-process pretrial-detention prior-conviction selective-prosecution sixth-amendment speedy-trial structural-error | (1) Was there error in the U.S. Sixth Amendment Speedy Trial and Speedy Trial Act assessment of this case due to an unverified prior conviction, struc… |
| 19-8176 | Homer Lawrence Lane v. Alabama | Alabama | 2020-04-02 | Denied | IFP | appellate-procedure constitutional-claim constitutional-rights criminal-procedure due-process federal-habeas legal-preclusion procedural-bar state-law state-rule structural-error | WHETHER THE STATE OF ALABAMA MAY IMPOSE A STATE PROCEDRURAL BAR RULE TO PRECLUDE A STRUCTURAL ERROR CLAIM. |
| 19-8082 | Altius Willix v. United States | Eleventh Circuit | 2020-03-23 | Denied | Response WaivedIFP | concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error | Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode… |
| 19-8033 | In Re Jonathan A. Hampton | 2020-03-18 | Denied | IFP | constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error | CAN I, JONATHAN ANDREW HAMPTON, AN INDIGENT PRISONER, SIGSI(A) PETITIONER ANA 42 USCS SI983 CIVIL RIGHTS PIAINTIFF, APPEARING IN PROPRIA PERSONA BEFOR… | |
| 19-7943 | J. H. v. E. R. S. | Colorado | 2020-03-11 | Denied | IFP | appellate-review child-custody constitutional-facts constitutional-liberty de-novo-review due-process equal-protection parental-rights plain-error structural-error termination termination-of-parental-rights | 1. Whether, in order to ensure that basic constitutional guarantees define the framework of proceedings to terminate the fundamental constitutional li… |
| 19-7964 | Varis R. Aizupitis v. Delaware | Delaware | 2020-03-11 | Denied | Response WaivedIFP | attorney-client-privilege confidential-materials constitutional-authority criminal-procedure criminal-procedure-defect criminal-process defense-counsel due-process federal-judiciary federal-jurisdiction ineffective-assistance-of-counsel strategic-intentions structural-defect structural-error | I. Whether the release of confidential materials by defense counsel creates a structural defect in a criminal process where the release is contrary to… |
| 19-7789 | Steven Klein v. California, et al. | Ninth Circuit | 2020-02-26 | Denied | IFP | burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana | Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments when he instr… |
| 19-7792 | In Re David Lopez | 2020-02-26 | Denied | Response WaivedRelisted (2)IFP | 28-usc-3231 actual-innocence cause-and-effect-doctrine constitutional-violation criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel procedural-default structural-error subject-matter-jurisdiction | (1) WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE, WITH RESPECT TO THE INDICTMENT, INADEQUATE JURY INSTRUCTIONS, AND THE CONSTRUCTI… | |
| 19-7770 | In Re Marcus Williams | 2020-02-25 | Denied | Response WaivedIFP | constitutional-violation constitutional-violations deception-by-counsel due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-agreement pre-trial-acts-and-omissions pre-trial-counsel structural-error | (1) WHETHER THE PRE-TRIAL ACTS AND OMISSIONS MADE BY MARCUS WILLIAMS' COUNSEL, ALLIED WITH FAILURE TO OBJECT ON THE RECORD, TO PRE-ARRAIGNMENT ERRORS… | |
| 19-7671 | Daquan Ossie Bradley v. Minnesota | Minnesota | 2020-02-14 | Denied | Response WaivedIFP | appellate-review burden-of-proof constitutional-law court-trial due-process judicial-review standard-of-review structural-error sullivan-v-louisiana trial-procedure | Whether a court-trial verdict that is based on a constitutionally-deficient burden of proof is structural error under Sullivan v. Louisiana, 508 U.S. … |
| 19-7625 | Robert L. Swinton, Jr. v. Florida | Florida | 2020-02-12 | Rehearing | Response WaivedRelisted (2)IFP | appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error | (1) Is it structural error when sentencing errors were corrected by appeals court on direct appeal without defense counsel, and a constitutional denia… |
| 19-7018 | Scott Ray Bishop v. United States | Tenth Circuit | 2019-12-19 | Granted | Response RequestedResponse WaivedIFP | criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony | 1. Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structura… |
| 19-6907 | Robert Hendricks v. United States | Second Circuit | 2019-12-11 | Denied | Response WaivedIFP | constitutional-error constitutional-rights criminal-procedure criminal-procedure-error criminal-trial due-process equal-protection evidence evidence-admission harmless-error racial-bias structural-error | The Court of Appeals agreed that the District Court erred when at petitioner's trial for credit union robbery it permitted over objection one of the c… |
| 19-6860 | In Re Lee Hall | 2019-12-04 | Denied | IFP | biased-juror capital-case capital-punishment due-process extraordinary-circumstances habeas habeas-corpus habeas-review juror-bias original-jurisdiction structural-error | Whether the structural error of service of by biased juror in a capital case, discovered on the eve of execution, presents extraordinary circumstances… | |
| 19-709 | Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company | Eighth Circuit | 2019-12-04 | Denied | Response Waived | circuit-split civil-procedure civil-rights conflict-of-interest due-process evidentiary-hearing judicial-remedy remand reversal structural-error | 1. When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a… |
| 19-6659 | In Re Arturo Rodriguez Ornalez | 2019-11-20 | Denied | Response WaivedIFP | constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error | WHETHER CONSTITUTION AND STATUTORY PROVISIONS AND RULE 11 VIOLATIONS MAY HAVE RENDERED ARTURO RODRIGUEZ ORNALEZ'S SENTENCE AND CONVICTION CONSTITUTION… | |
| 19-6543 | Peter Gakuba v. Michelle Neese | Seventh Circuit | 2019-11-07 | Denied | Response WaivedIFP | civil-rights constitutional-rights criminal-conviction due-process equal-protection habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing structural-error structural-errors | Question not identified. |
| 19-6445 | Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States | Ninth Circuit | 2019-10-30 | Denied | Response WaivedIFP | 6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error | (1) Whether denial of a right to self-representation during sentencing is subject to harmless error analysis as held by the Ninth Circuit, or subject … |
| 19-6189 | Lewis Brown v. United States | Sixth Circuit | 2019-10-07 | Denied | Response WaivedRelisted (2)IFP | abuse-of-discretion civil-procedure clear-error due-process judicial-bias judicial-discretion judicial-misconduct pro-se-litigation sixth-circuit standing structural-error | 1) Did the Sixth Circuit Court of Appeals abuse its discretion when it committed clear error of judgment, by relying on clearly erroneous findings of … |
| 19-6123 | Castor Quintaires Gonzales v. United States | Eleventh Circuit | 2019-10-03 | Denied | Response WaivedIFP | actual-innocence appellate-review court-of-appeals due-process fifth-amendment mandate-recall presumption-of-innocence structural-error | DOES THE FIFTH AMENDMENT COMPEL A COURT OF APPEALS TO REMEDY ITS INADVERTENT AFFIRMANCE OF UNRECOGNIZED STRUCTURAL ERROR THAT WAS APPARENT FROM THE RE… |
| 19-6096 | Jerry Simmons v. Darryl Vannoy, Warden | Fifth Circuit | 2019-09-30 | Denied | Response WaivedRelisted (2)IFP | biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine | Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F… |
| 19-6080 | Marcus H. v. Connecticut | Connecticut | 2019-09-26 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion | Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f… |
| 19-6073 | Glen T. Jones, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | appellate-review civil-rights constitutional-law criminal-procedure double-jeopardy due-process federal-procedure habeas-corpus harmless-error judicial-interpretation plain-error structural-error | 1) SUpEme COuRt ViEWS As to hAMlESSnES of ChAm ERRoR in stAtEcRimiNAl tal .foR puRpOSE of SubSEQuENt+ hAbEAS CORpUS REVEW UNd BeEChT v.AbRAhAMSON 507U… |
| 19-5998 | Eric Matthew Frein v. Pennsylvania | Pennsylvania | 2019-09-19 | Denied | IFP | criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity | When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors -- the victims of one or more of the defendant's charges … |
| 19-330 | Harshad Shah v. United States | Ninth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2) | bribery-trial civil-rights due-process fair-trial impartial-jury plain-error-review racial-animus sixth-amendment structural-error trial-by-jury | 1. Is it structural error and a denial of the Sixth Amendment right to "trial by an impartial jury" when the government expressly uses racial animus i… |
| 19-5890 | Fernando Cabral-Varela v. Massachusetts | Massachusetts | 2019-09-10 | Denied | Response WaivedIFP | constitutional-law constitutional-rights courtroom-access courtroom-closure criminal-procedure due-process public-trial sixth-amendment structural-error witness-intimidation | Where there was no risk of witness intimidation for most, if not all, of the Commonwealth's witnesses for the final three days, did the judge deprive … |
| 19-5535 | Julius Omar Robinson v. United States | Fifth Circuit | 2019-08-12 | Denied | IFP | capital-indictment circuit-split death-penalty death-penalty-cases due-process juror-interview juror-interviews post-conviction-relief post-verdict racial-bias structural-error | 1. Whether district courts may validly prohibit death-sentenced inmates from interviewing their trial jurors post-verdict concerning racial bias durin… |
| 19-5319 | William J. Barnes Jr. v. New York | New York | 2019-07-24 | Denied | IFP | appellate-review competency constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel insanity-defense mental-capacity mental-competency structural-error trial-procedure | ONE Having Found That Significant Grounds Existed to Believe That The Defendant Was an Incapacitated Person, Did The County Court Deprive The Petitio… |
| 19-5058 | In Re Artur Tchibassa | 2019-07-03 | Denied | Response WaivedIFP | abuse-of-discretion civil-procedure constitutional-law constitutional-violation extradition habeas-corpus harmless-error judicial-discretion jurisprudence savings-clause statutory-interpretation structural-error | WHETHER THE LOWER COURTS ABUSED THEIR DISCRETION BY REFUSING TO APPLY THE REYES-REQUENA/SAVINGS CLAUSE JURISPRUDENCE. | |
| 18-9845 | Bradley Joseph Vanzant v. Keith Yordy, Warden | Ninth Circuit | 2019-06-27 | Denied | Response WaivedIFP | 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error | 1. STATE Docket No. 44269 SUPREMECOURT (IcahO) 2. Denial Umpublished opinion February Ist 2017 Court 3. of Appeals. Petition for Review timely submitt… |
| 18A1350 | Yuzef Abramov v. United States | Ninth Circuit | 2019-06-21 | Presumed Complete | counsel-of-choice fair-trial gonzalez-lopez retained-counsel sixth-amendment structural-error | Question not identified. | |
| 18-9691 | Dwayne Lee Stallings v. United States | Fourth Circuit | 2019-06-17 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-rule-32-violations criminal-rule false-statement false-statements federal-rules-of-criminal-procedure obstruction-of-justice plain-error plain-error-analysis sentencing sentencing-enhancement sentencing-guidelines sentencing-procedure standard-of-review structural-error | Whether the Court's plain error analysis is properly applied to violations of Fed. R. Crim. P. 32(i)(1)(A), and, if so, whether such violations are st… |
| 18-9614 | Rick Allen Rhoades v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-06-12 | Denied | IFP | 8th-amendment capital-murder due-process jury-consideration jury-instructions mitigating-evidence punishment-phase structural-error trial-procedure | Is the exclusion of relevant mitigating evidence during the punishment phase of a capital murder trial structural error, when the wrongfully excluded … |
| 18-1528 | Jake Paul Heiney v. Ohio | Ohio | 2019-06-10 | Denied | Response Waived | criminal-conviction criminal-procedure due-process harmless-error harmless-error-analysis jury-finding-of-guilt jury-instruction jury-instructions reasonable-doubt structural-error sullivan-v-louisiana winship | This Court has held that Due Process in criminal cases requires that a State prove every element of an alleged crime beyond a reasonable doubt. In Re … |
| 18-9554 | In Re Billie J. Allen | 2019-06-05 | Denied | Relisted (2)IFP | alabama-v-shelton arizona-v-fulminante capital-case capital-punishment due-process gideon-v-wainwright habeas-corpus mccoy-v-louisiana non-capital-case right-to-counsel structural-error | 1. Whether McCoy V Louisiana, 138 S. Ct. 1500 (2018) is a new "watershed rule", akin to Gideon v Wainwright, 372 U.S. 335 (1963), which falls within t… | |
| 18-9335 | Francisco Illarramendi v. United States | Second Circuit | 2019-05-17 | Denied | Response WaivedIFP | bail bail-standard civil-procedure civil-rights constitutional-rights due-process habeas-corpus interlocutory-appeal standard-of-review structural-error summary-judgment tolan-v-cotton | In the context of a Motion for Summary Affirmance of a District Court decision, should lower courts follow the mandate of this Supreme Court - most re… |
| 18-9241 | Sealed Appellant v. Sealed Appellee | Fifth Circuit | 2019-05-13 | Denied | Response WaivedRelisted (2)IFP | attorney-client-privilege attorney-representation civil-rights conflict-of-interest criminal-investigation criminal-procedure cuyler-v-sullivan due-process prosecutorial-ethics right-to-counsel strickland-v-washington structural-error | Should lower courts review the conflict under Cuyler v. Sullivan or Strickland v. Washington? |
| 18-1393 | William T. Walters v. United States | Second Circuit | 2019-05-07 | Denied | criminal-procedure evidentiary-hearing grand-jury-secrecy presumption-of-prejudice prosecutorial-misconduct rule-6(e) rule-6e-violation structural-error | 1. Whether systematic and pervasive government misconduct that violates Federal Rule of Criminal Procedure 6(e) is structural error giving rise to a p… | |
| 18-9028 | Lochild Reed v. James Flood, Jr., Acting Warden, et al. | Fourth Circuit | 2019-04-30 | Denied | Response WaivedIFP | brady-violation constitutional-violations due-process evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel ineffective-counsel post-conviction-proceedings post-conviction-relief structural-error structural-errors | Did the District Court err by not granting an evidentiary hearing to address Seventeen (17) Constitutional Violations of gross structural errors? Did… |
| 18-8984 | Nathan Caetano v. Suzanne M. Peery, Warden | Ninth Circuit | 2019-04-24 | Denied | Response WaivedIFP | aedpa burden-of-proof civil-rights due-process habeas-corpus mental-competency mental-incompetence ninth-circuit-precedent ninth-circuit-test retrospective-competency-determination retrospective-determination state-action structural-error | Is AeDpA (i)(B) and ts determination actvally a retrospective determination where mental incompetence is the impediment? Competency DOES AEDPACISCB):… |
| 18-1306 | Fred Anderson, Jr. v. Florida | Florida | 2019-04-16 | Denied | Amici (3) | advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error | 1. Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence. 2. Whether a Hurst violation … |
| 18-8482 | Lourdes Margarita Garcia v. United States | Eleventh Circuit | 2019-03-20 | Denied | Response WaivedIFP | brecht-standard constitutional-rights criminal-procedure critical-stage Cronic cronic-rule cronic-standard defense-counsel direct-appeal due-process eleventh-circuit hybrid-error prejudice structural-error trial-procedure | The district court ordered the government, at a critical stage of the trial, to present inculpatory and disputed evidence in the absence of the defend… |
| 18-8453 | Dusty Ray Spencer v. Florida | Florida | 2019-03-19 | Denied | IFP | binding-precedent capital-sentencing constitutional-rights death-penalty death-penalty-sentencing due-process federal-constitutional-rights jury-instructions jury-responsibility jury-verdict sentencing-process structural-error unanimous-verdict | 1. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sen… |
| 18-8381 | Christopher D. Schneider v. Commissioner of Internal Revenue | Ninth Circuit | 2019-03-12 | Denied | Response WaivedIFP | censorship courthouse-access due-process Equal-access first-amendment hobsons-choice jurisdiction jurisdiction-challenge jurisdiction-over-individual prior-restraint standing Structural-error | Did the Ninth Circuit Court and Tax Court choose to ignore the fact that both court lacked jurisdiction of Christopher David Schneider? Is it an unco… |
| 18-8300 | Paul Glen Everett v. Florida | Florida | 2019-03-06 | Denied | IFP | capital-case capital-punishment constitutional-defect harmless-error harmless-error-review hurst-v-florida jury-unanimity sixth-amendment sixth-amendment-error structural-defect structural-error trial-mechanism | 1. Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of … |
| 18-8252 | Freddie Taylor v. United States | Ninth Circuit | 2019-03-04 | Denied | Response WaivedIFP | actual-innocence constitutional-rights conviction due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions mistrial structural-error | Whether The United States District Court And The Ninth Circuit Court Of Appeals Denied The Petitioner Relief Pursuant To The Issues Raised In A Petiti… |
| 18-7701 | Christopher D. Schneider v. Bank of America, N.A., et al. | Ninth Circuit | 2019-01-31 | Denied | Response WaivedRelisted (2)IFP | conspiracy courthouse-access discrimination due-process falsification first-amendment seventh-amendment structural-error transcript trial | Is it a denial of fundamental due process, petitioner's First and Seventh Amendment rights, and a "structural error"—requiring inter alia a new trial—… |
| 18-7707 | Antonio Anguiano v. United States | Ninth Circuit | 2019-01-31 | Denied | Response WaivedIFP | criminal-justice-act defense-counsel defense-function due-process independent-counsel judicial-control sixth-amendment structural-error | As a matter of first impression: whether, in upholding structural error flowing from judicial control over the defense function under the Criminal Jus… |
| 18-7497 | Carl Burnie Wellborn v. Shane Jackson, Warden | Sixth Circuit | 2019-01-18 | Denied | Response WaivedIFP | fair-cross-section fundamental-fairness fundamental-unfairness habeas-corpus prejudice procedural-default sixth-amendment structural-error | (1) Can reasonable jurists debate whether habeas petitioners asserting procedurally defaulted fair cross-section claims must show actual prejudice or … |
| 18-7436 | Jeffrey Nicholas Aase v. Paul Schnell, Commissioner, Minnesota Department of Corrections | Eighth Circuit | 2019-01-15 | Denied | Response WaivedIFP | certificate-of-appealability conflict-of-interest criminal-defense cuyler-v-sullivan federal-law ineffective-assistance ineffective-assistance-of-counsel judicial-integrity prosecutorial-ethics right-to-counsel structural-error | Petitioner's private practice defense counsel', whose practice was struggling financially, created a personal conflict of interest before the start of… |
| 18-7344 | Tony Dickinson v. United States | Seventh Circuit | 2019-01-09 | Denied | Response WaivedIFP | 6th-amendment criminal-defense entrapment fourteenth-amendment government-misconduct ineffective-assistance-of-counsel pre-indictment-delay sixth-amendment structural-error | I. Whether this Court Should Resolve the longstanding Conflict among Federal Courts over whether the Fifth Amendment Delay caused by the government as… |
| 18-7254 | Alvin E. Thomas v. United States | Third Circuit | 2019-01-07 | Denied | Response WaivedIFP | 6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error | In Weaver v. Massachusetts, 137 S. Ct. 1899, 1911-12 (2017), this Court left open the question of whether a claim of ineffective assistance of counsel… |
| 18-7130 | Matthew G. Alden, Jr. v. Massachusetts | Massachusetts | 2018-12-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages | When the government brings criminal charges based on an allegation that the defendant sent a series of text messages, does it violate the defendant's … |
| 18-7083 | Sylvia Ogbenyeanu Walter-Eze, aka Sylvia O. Okam v. United States | Ninth Circuit | 2018-12-18 | Denied | Response WaivedIFP | conflict-of-interest constitutional-standards constructive-denial-of-counsel counsel-conflict critical-stage fundamental-fairness ninth-circuit presumed-prejudice structural-error waiver | Whether, when the Court of Appeals of the Ninth Circuit, found that "both the threat of fees and the threat of potential sanctions created a conflict … |
| 18-6899 | John Uranga, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-12-07 | Denied | IFP | certiorari circuit-split circuit-splits constitutional-error constitutional-violations de-minimis federal-courts federal-law implied-bias intra-circuit-split juror-bias structural-error structural-errors | Where there exists intra and inter-circuit splits among the federal courts of appeals on a question of exceptional importance concerning "structural e… |
| 18-6775 | Edward Joseph Kehoe v. United States | Fourth Circuit | 2018-11-21 | Denied | Response WaivedIFP | 4th-amendment criminal-procedure fourth-amendment harmless-error impartial-judge judicial-error racial-bias racial-discrimination reasonable-suspicion search-and-seizure structural-error warrantless-search | At the suppression hearing in this federal criminal case, the district court explicitly relied on Petitioner's race to conclude that there was reasona… |
| 18-6723 | Robert Noel v. United States | Sixth Circuit | 2018-11-19 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process equal-protection habeas-corpus judicial-bias racial-discrimination recusal structural-error | WHEN THE DISTRICT JUDGE HAS "A DIRECT, PERSONAL, SUBSTANTIAL, PECUNIARY INTEREST" IN THE OUTCOME OF THE PROCEEDING IS PETITIONER'S RIGHTS TO DUE PROCE… |
| 18-605 | Mitchell J. Stein v. California | California | 2018-11-08 | Denied | Response Waived | civil-litigation civil-procedure constitutional-law declaratory-relief due-process due-process-clause harmless-error judicial-review prejudice structural-error | When a fundamental structural error results in an invalid judgment against a civil litigant in violation of the Due Process Clause, is the error per s… |
| 18-6557 | Casey O'Dell v. United States | Third Circuit | 2018-11-02 | Denied | Response WaivedIFP | circuit-split criminal-procedure criminal-procedure-rule-11 due-process federal-rules-criminal-procedure plea-bargaining plea-colloquy structural-error united-states-v-gonzalez-lopez | 1. WHETHER: THE FED.R.CRIM.P. 11(b)(1)(N) RULE WAS VIOLATED BY THE INADEQUACY OF THE CHANGE OF PLEA COLLOQUY? 2. WHETHER THE DECISION THE THIRD CRICU… |
| 18-6503 | Thomas P. Richard, Sr. v. District Attorney of Westmoreland County, Pennsylvania, et al. | Third Circuit | 2018-10-31 | Dismissed | IFP | access-to-courts civil-procedure civil-rights due-process fundamental-fairness habeas-corpus prohibited-punishment section-1983 standing structural-error | Did the Courts below commit structural error by usurping Law to improperly re-characterize a Class Action §1983 Complaint as Habeas Corpus which serio… |
| 18-6520 | Jesus L. Arnett v. Patrick Covello, Acting Warden | Ninth Circuit | 2018-10-31 | Denied | IFP | certificate-of-appealability constitutional-rights cruel-and-unusual-punishment due-process false-conviction forged-bills ineffective-assistance-of-counsel probable-cause sentencing speedy-trial speedy-trial-rights structural-error | Should Petitioner be granted a Certificate of Appealability when Petitioner was obviously and falsely convicted of possessing forged bills, and then g… |
| 18-6316 | Willie Gene Wilks, Jr. v. Ohio | Ohio | 2018-10-15 | Denied | IFP | burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error | 1. Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceed… |
| 18-6305 | Igor Polshyn v. United States | Eleventh Circuit | 2018-10-12 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony | 1. Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutio… |
| 18-6283 | Brent Douglas Cole v. United States | Ninth Circuit | 2018-10-10 | Denied | Response WaivedIFP | constitutional-safeguards fifth-amendment grand-jury individual-rights liberty prosecutorial-interference prosecutorial-misconduct separation-of-powers structural-error structural-protections | Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual r… |
| 18-6190 | Simone Swenson v. United States | Fifth Circuit | 2018-10-03 | Denied | Response WaivedIFP | berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers | 1. Did the Fifth Circuit enter a decision in conflict with Brecht v. Abrahamson, 507 U.S. 619, 638 n.9 (1993), by reviewing the district court's order… |
| 18-6070 | Carlos Cornwell v. Tennessee | Tennessee | 2018-09-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | bracy-v-gramley expert-testimony forensic-evidence hinton-v-alabama ineffective-assistance judicial-bias judicial-misconduct strickland-standard strickland-v-washington structural-error | This Court has recognized there are cases that turn on scientific or technical evidence where "the only reasonable and available defense strategy requ… |
| 18-360 | Ronald Bergrin v. United States | Sixth Circuit | 2018-09-20 | Denied | Response Waived | competency-test conflicts-of-interest counsel-conflict criminal-investigation due-process due-process,criminal-procedure,competency,conflict dusky-standard dusky-v-united-states right-to-counsel stand-trial standard-of-review structural-error | Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial based on the accu… |
| 18-6046 | Michael Skillern v. United States | Eleventh Circuit | 2018-09-20 | Denied | Response WaivedRelisted (2)IFP | access-to-counsel constitutional-error due-process extraterritorial-effect geders-v-united-states harmless-error mail-fraud perry-v-leeke sixth-amendment structural-error subject-matter-jurisdiction trial-recess wire-fraud | DID THE DISTRICT COURT'S ORDER PROHIBITING DEFENDANT SKILLERN, FROM CONFERRING WITH TRIAL COUNSEL DURING AN OVERNIGHT RECESS, REGARDING DEFENDANT SKIL… |
| 18-6044 | Richard James Beasley v. Ohio | Ohio | 2018-09-19 | Denied | IFP | appellate-review attorney-general due-process familial-conflict fifth-amendment fourteenth-amendment judicial-ethics recusal structural-error williams-v-pennsylvania | Does the right to due process guaranteed by the Fifth and Fourteenth Amendments, and upheld by the precedent of Williams v. Pennsylvania, 136 S.Ct 189… |
| 18-5807 | Peter R. Rubens v. Darrel Vannoy, Warden | Fifth Circuit | 2018-08-29 | Denied | IFP | brady brady-violation cross-examination due-process prosecutorial-misconduct sixth-amendment structural-error witness-intimidation | Does Webb v. Texas apply when it is the Orleans Parish District Attorney's Office who systematically threatens, coerces, intimidates, and actually off… |
| 18-239 | Arick Justin Rinaldo v. Bryan Mahan, et al. | Colorado | 2018-08-23 | Denied | Response WaivedRelisted (2) | access-to-courts civil-procedure civil-rights colorado-supreme-court-rules court-access due-process equal-protection filing-system pro-se pro-se-litigant structural-error | DID THE DEPRIVATION OF ACCESS TO COLORADO'S ICCES FILING SYSTEM (Integrated Colorado Court E-File System) FOR PRO SE LITIGANTS CAUSE REVERSIBLE STRUCT… |
| 18-5653 | Pamela Lynn Bravebull v. United States | Eighth Circuit | 2018-08-20 | Denied | Response WaivedIFP | cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson | 1. Evidence upon which the jury may rely in convicting a defendant must come through qualified sworn witnesses, not through a colloquy with a venirepe… |
| 18-5603 | In Re Mark Kilmartin | 2018-08-16 | Denied | IFP | criminal-procedure double-jeopardy due-process equal-protection fourteenth-amendment judicial-misconduct jury-trial sentencing structural-error | WHETHER A CRIMINAL DEFENDANT CAN BE CONVICTED AND SENTENCED TO LIFE FOR A SEPARATE, NEW AND DISTINCT CRIME WITH WHICH HE HAD NOT BEEN ON TRIAL FOR AND… | |
| 18-5289 | Stephen Dale Barbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2018-07-20 | Denied | IFP | client-autonomy ineffective-assistance-of-counsel ineffective-counsel mccoy-v-louisiana post-conviction prejudice prejudice-standard sixth-amendment strickland-v-washington structural-error | 1. Did the Fifth Circuit impose an improper ineffective-assistance-of-counsel standard, which required him to show prejudice, to Barbee's claim that h… |
| 18-5181 | Michael Gordon Reynolds v. Florida | Florida | 2018-07-09 | Denied | Relisted (4)IFP | caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-error jury-instructions ring-v-arizona structural-error | 1. Whether the Florida Supreme Court's plurality decision rejecting Mr. Reynolds' Caldwell v. Mississippi, 472 U.S. 320 (1985) claim is error. The jur… |
| 18-5081 | Alvin Leroy Morton v. Florida | Florida | 2018-07-03 | Denied | IFP | binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict | 1. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sen… |
| 18-5053 | Andres A. Lopez-Martinez v. United States | Eleventh Circuit | 2018-06-29 | Denied | Response WaivedIFP | compulsory-process confrontation-clause constitutional-right criminal-procedure defense-presentation due-process harmless-error judicial-review police-misconduct prosecutorial-misconduct right-to-present-defense structural-error | Whether it is time to revisit the harmless error standard when a defendant is deprived of his constitutional right to present a defense. |
| 18-5020 | In Re Lewis Brown | 2018-06-28 | Dismissed | Response WaivedRelisted (2)IFP | constitutional-violation due-process harmless-error judicial-bias judicial-impartiality judicial-recusal prosecutorial-misconduct recusal standard-of-review structural-error | Is an individual, who is named an adverse party opponent, allowed to sit as a Judge over the very proceeding in which he is named a defendant, or is h… |