sufficiency-of-evidence

304 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A820 Roxana Towry Russell v. Walmart Inc., a Delaware Corporation, et al. Ninth Circuit 2026-01-14 Application appellate-review copyright-infringement judicial-review rule-50 sufficiency-of-evidence unitherm-precedent While she is continuing to evaluate, Ms. Russell currently expects to present several reasons for granting a writ. One is that the Ninth Circuit's dec…
25-6581 Michael David Dunn v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2026-01-14 Pending Response WaivedIFP AEDPA criminal-procedure federal-review habeas-corpus self-defense sufficiency-of-evidence 1. What is the standard of review for a federal habeas court for analyzing a sufficiency-of-the evidence claim under the Anti-Terrorism and Effective …
25A767 Dawaun Dupree Carson v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2026-01-02 Application brady-claim constitutional-review habeas-corpus ineffective-assistance procedural-default sufficiency-of-evidence Question not identified.
25A727 Gregory W. Pheasant v. United States Ninth Circuit 2025-12-19 Application criminal-conviction legal-test merits-briefing standard-of-review sufficiency-of-evidence supreme-court-review Question not identified.
25A692 Eliel Nunez Sanchez v. United States Ninth Circuit 2025-12-12 Application criminal-conviction direct-appeal federal-appellate ninth-circuit standard-of-review sufficiency-of-evidence Question not identified.
25-6344 Ralph Kevin Tovar v. United States Eleventh Circuit 2025-12-11 Pending Response RequestedResponse WaivedIFP commerce-clause de-novo-review internet-crime jurisdictional-element rule-29 sufficiency-of-evidence I. Whether a general challenge to the sufficiency of the evidence, pursuant to Rule 29(a), preserves for de novo review the full range of sufficiency …
25-6234 Edwin Riascos Romero v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-11-25 Denied IFP appellate-review certificate-of-appealability constitutional-claim ineffective-assistance search-and-seizure sufficiency-of-evidence 1. Whether the denial of a COA on Petitioner's sufficiency of the evidence challenge was proper? and 2. Whether the denial of a COA on Petitioner's i…
25-6135 Sonya Fuller v. Georgia Georgia 2025-11-17 Denied Response WaivedIFP aiding-and-abetting criminal-conviction due-process felony-murder jackson-standard sufficiency-of-evidence Whether a conviction for felony murder is permissible under Jackson where the prosecution presented no evidence that the defendant planned, knew about…
25-5771 Jared Wade Hinman, Sr. v. Illinois Illinois 2025-10-01 Denied Response WaivedIFP appellate-review constitutional-error criminal-procedure due-process sufficiency-of-evidence trier-of-fact 1. Did the blanket refusal, by the Appellate Court of Illinois, to 'substitute their judgement for that of the Trier of Fact ', deny an affirmative de…
25A302 Sonya Fuller v. Georgia Georgia 2025-09-16 Presumed Complete constitutional-review criminal-conviction felony-murder jackson-standard reasonable-doubt sufficiency-of-evidence Question not identified.
25-5570 David Curran v. United States Third Circuit 2025-09-08 Denied Response WaivedIFP appellate-review circuit-conflict drug-conspiracy due-process standard-of-review sufficiency-of-evidence Whether the Third Circuit's standard of review of sufficiency of evidence in drug conspiracy cases is in conflict with other circuits and falls below …
25-5540 Brayan Alexander Contreras-Avalos v. United States Fourth Circuit 2025-09-03 Denied Response WaivedIFP cooperator-testimony criminal-conviction evidentiary-standard prosecutorial-burden sufficiency-of-evidence witness-credibility 1. Where the Government did not introduce any physical or forensic against Mr. Contreras-Avalos, and the only evidence introduced was cooperator testi…
25-5539 Louis Age, III v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl…
25A229 Allen Michael Sherrill v. Michigan Michigan 2025-08-27 Presumed Complete causation criminal-homicide due-process intent involuntary-manslaughter sufficiency-of-evidence Question not identified.
25-5466 Claudia C. Hoerig v. Shannon Olds, Warden Sixth Circuit 2025-08-26 Rehearing Response WaivedIFP criminal-rule-29 due-process habeas-corpus jackson-virginia negative-defense sufficiency-of-evidence (l)(a) Whether a Petitioner who claims that "the trial court erred in denying Petitioner's Criminal Rule-29 Motion for Acquittal for Insufficiency of …
25A171 Robert Monteiro v. United States First Circuit 2025-08-08 Application drug-conspiracy due-process evidence-admission prior-bad-acts rule-404b sufficiency-of-evidence Question not identified.
25A145 Jeremy Baum v. Missouri Missouri 2025-08-05 Presumed Complete appellate-review criminal-procedure due-process jury-instructions sexual-trafficking sufficiency-of-evidence Question not identified.
25-5119 Steven Dwayne Rigmaiden v. Louisiana Louisiana 2025-07-16 Denied Response WaivedIFP criminal-appeal criminal-procedure louisiana-courts murder-evidence reasonable-doubt sufficiency-of-evidence WHETHER THE LOUISIANA COURT OF APPEALS AND THE LOUISIANA SUPREME COURT ERRED WHEN IT DENIED PETITIONER'S CLAIM RAISED ON DIRECT APPEAL, THAT THE EVIDE…
24A766 Aghee William Smith, II v. United States Fourth Circuit 2025-02-06 Presumed Complete conspiracy criminal-conviction fourth-circuit mail-fraud sufficiency-of-evidence wire-fraud Question not identified.
24-6407 Samuel Tanel Crittenden v. United States Fifth Circuit 2025-01-28 Denied Response WaivedIFP appellate-review criminal-procedure district-court fifth-circuit jury-instruction sufficiency-of-evidence Should a conviction be reversed and remanded for a new trial where the district court erroneously fails to give a lesser-included offense instruction,…
24-6393 Shamichael Antonio Pearson v. Louisiana Louisiana 2025-01-27 Denied IFP criminal-procedure criminal-standard-of-proof identity-evidence jackson-v-virginia reasonable-doubt sufficiency-of-evidence Whether the evidence was sufficient under Jackson v. Virginia to prove beyond a reasonable doubt Mr. Pearson identify as the perpetrator.
24A591 Fernando Lopez-Armenta v. United States Ninth Circuit 2024-12-17 Presumed Complete criminal-conviction drug-statute federal-statute jury-instructions ninth-circuit sufficiency-of-evidence In a criminal case in which the only defense raised is that the defendant is guilty of a lesser included offense, does the 14th Amendment's guarantee …
24A482 James Timothy Norman v. United States Eighth Circuit 2024-11-14 Presumed Complete criminal-conviction eighth-circuit legal-standard procedural-review sufficiency-of-evidence writ-of-certiorari Question not identified.
24-5963 Cameron Davon Wright v. James R. Schiebner, Warden Sixth Circuit 2024-11-13 Denied Response WaivedIFP aiding-and-abetting brecht-standard constitutional-error jury-verdict sufficiency-of-evidence trial-procedure I. DID THE LOWER - COURT CLEARLY MISAPPLY UNITED STATES SUPREME COURT PRECEDENT IN A MANNER THAT DENIED FUNDAMENTAL JUSTICE, WHEN IT USED A SUFFICIE…
24-478 Omnisun Azali v. Ohio Ohio 2024-10-30 Denied Amici (1)Response Waived appellate-review burden-of-proof constitutional-rights criminal-procedure self-defense sufficiency-of-evidence Ohio's statutory law "allow ed" Petitioner Omnisun Azali ("Azali") to "act in self-defense[.]" Ohio Revised Code § 2901.05(B)(1) (effective Mar. 28, 2…
24A174 Omnisun Azali v. Ohio Ohio 2024-08-14 Presumed Complete burden-of-proof criminal-procedure fourteenth-amendment self-defense sixth-amendment sufficiency-of-evidence Does express statutory permission to act in self-defense call down the protections of the Sixth and Fourteenth Amendments to the United States Constit…
24-5220 Christopher L. Smith v. Ohio Ohio 2024-08-05 Denied IFP civil-procedure-joinder confidential-informant constitutional-rights criminal-procedure due-process fair-trial prejudicial-joinder probable-cause rules-of-evidence search-warrant sufficiency-of-evidence 1. Isa prejudicial joinder concerning unrelated counts a fundamental violation of One's constitutional right to a fair trial, if the facts of one inci…
24A80 Steven Cuellar v. Randy Grounds, Warden Ninth Circuit 2024-07-23 Presumed Complete criminal-procedure due-process gang-enhancement juvenile-justice sentencing-enhancement sufficiency-of-evidence Question not identified.
23-7782 Jake Paul Heiney v. Heidi E. Washington Sixth Circuit 2024-06-24 Denied Response WaivedIFP brady-violations certificate-of-appealability confrontation-clause cross-examination-limitations expert-witness habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence 1. To convict, the statute required the medical provider to be engaging in "sexual contact " which was "medically recognized as unethical or unaccepta…
23-7762 Christopher McPherson v. United States Fourth Circuit 2024-06-20 Denied Response WaivedIFP criminal-procedure-appeal drug-trafficking felon-in-possession firearm-possession fourth-circuit-review plain-error-standard rehaif-test sentencing sentencing-discretion sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to reverse the conviction on Count V of the Superseding Indictment - Possession of a Firearm in Further…
23A1117 Kevin Fahrni v. United States District Court for the Eastern District of Texas Fifth Circuit 2024-06-17 Presumed Complete criminal-conviction due-process habeas-corpus mandamus section-2254 sufficiency-of-evidence Question not identified.
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel? Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti…
23-7654 Tildren Sherron Hunter v. United States Fourth Circuit 2024-06-06 Denied Response WaivedIFP appellate-standard criminal-evidence criminal-law drug-crimes evidence fourth-circuit-review intent intent-to-distribute jury-verdict methamphetamine-possession standard-of-review sufficiency-of-evidence Whether the Fourth Circuit improperly upheld Mr. Hunter's conviction of possession with intent to distribute methamphetamine where the Government fail…
23-7620 Donald Kie, Jr. v. Garrett, Warden Ninth Circuit 2024-06-03 Denied IFP certificate-of-appealability criminal-conviction due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-bargaining sixth-amendment sufficiency-of-evidence sufficient-evidence Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability ( "COA") consistent with the standards set by 28 U.S.C. § 2253(c)…
23A1073 Jeremiah Wooden v. Massachusetts Massachusetts 2024-05-31 Presumed Complete constitutional-law criminal-procedure double-jeopardy fifth-amendment retrial sufficiency-of-evidence If there is a change in law during the appeal of a criminal conviction, and the evidence at trial is insufficient to support a finding of guilt under …
23-7560 David Darnell Whitehead v. United States Fourth Circuit 2024-05-24 Denied Response WaivedIFP alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence I. IN AN ILLEGAL ALIEN SMUGGLING CASE, WHAT CONSTITUTES BRINGING TO OR ENTERING THE UNITED STATES "AT A PLACE OTHER THAN A DESIGNATED PORT OF ENTRY", …
23-7537 Mike Austin Anderson v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appeal criminal-procedure criminal-trial due-process judicial-procedure jury-instructions jury-verdict motion-to-revoke recusal-motion standard-of-review sufficiency-of-evidence 1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver…
23-1218 Alfredo Navarro Hinojosa v. United States Fifth Circuit 2024-05-16 Denied Response Waived burden-of-proof circuit-split direct-appeal evidentiary-hearing harmless-error ineffective-assistance kotteakos-v-united-states preserved-nonconstitutional-errors sixth-amendment sufficiency-of-evidence Does the Fifth Circuit's harmless-error standard applied to preserved nonconstitutional errors—which asks whether there is a "reasonable probability" …
23A1014 Noel Bender v. Iowa Department of Corrections, et al. Eighth Circuit 2024-05-15 Presumed Complete criminal-conviction due-process federal-habeas habitual-offender ineffective-assistance sufficiency-of-evidence Question not identified.
23-7445 Lloyd Kidd v. United States Second Circuit 2024-05-09 Denied Response WaivedIFP appeal criminal-procedure district-court-discretion due-process electronic-evidence jurisdiction motion-to-suppress sufficiency-of-evidence summary-charts venue venue-challenge Was there legally insufficient evidence to establish that venue was proper in the Southern District of New York for each count of conviction? II. Was…
23-7339 Philip Shane Young v. Texas Texas 2024-04-30 Denied IFP appeal criminal-procedure deadly-weapon evidence-sufficiency jury-finding jury-instructions standard-of-review sufficiency-of-evidence IS THE EVIDENCE SUFFI CIENT TO SUSTAI N THE JURY'S FINDING THAT A DEADLY W EAPON W AS USED?
23-6679 Quaysean Tikii Williams v. Oklahoma Oklahoma 2024-02-06 Denied IFP conspiracy criminal-procedure due-process evidence firearm jackson-v-virginia robbery sufficiency-of-evidence Whether the evidence was sufficient under Jackson v. Virginia, 99 S.Ct. 2781 (1979), to support petitioner's conviction for conspiracy to commit robbe…
23-6630 Terry L. Terry v. Tim Hooper, Warden Fifth Circuit 2024-01-31 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process jackson-v-virginia molestation sexual-assault statutory-interpretation sufficiency-of-evidence victim-testimony Did the state court unreasonably apply Jackson v. Virginia when it determined that evidence presented at trial was sufficient to sustain Terry's convi…
23-6599 Devon Blevins v. United States Tenth Circuit 2024-01-29 Denied Response WaivedIFP 18-usc-1 appellate-review criminal-conviction criminal-procedure first-degree-murder insufficiency-of-evidence jackson-v-virginia standard-of-review sufficiency-of-evidence Whether the court of appeals failed to correctly apply the standard of review for claims of insufficiency of evidence to support conviction of a crime…
23-6588 Aaron Ramirez Espinoza v. United States Ninth Circuit 2024-01-26 Denied Response WaivedIFP co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction…
23A632 Carlos Guardado v. Massachusetts Massachusetts 2024-01-09 Presumed Complete criminal-procedure double-jeopardy legal-development retrial second-amendment sufficiency-of-evidence Whether there is an exception to this Court's holding in Burks v. United States, 437 U.S. 1, 11 (1978), when there was a change in the law as to the e…
23-6446 William Riley Gaul v. Tennessee Tennessee 2024-01-09 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy judicial-relief jury-instructions jury-verdict logical-inconsistency multiple-count-presentment mutually-exclusive-verdicts powell-v-texas sufficiency-of-evidence Whether a jury's positive finding of guilt in one count of a multiple count presentment is mutually exclusive from its illogical, but positive finding…
23-6358 Devadrick Markevin Booker v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP criminal-procedure criminal-trial due-process jury-instructions prosecutorial-evidence reasonable-doubt standard-of-review sufficiency-of-evidence Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return guilty verdicts…
23-6342 Ya-Sin El-Amin Shakir v. Tina Walker, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2023-12-26 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-review jury-finding mental-health sufficiency-of-evidence 1. IS Fusils A MENTAL. ku£ PitoceTS V/»lATgi uiHfsl A JvKS'l FiMb/toc. Gvilt is uprtetbk r^£ &Ec&»jLb AEMe^s-rtATCj MfuFn £isit ts//i£wc£, 7
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…
23-6179 Anibal Miranda-Montanez v. United States First Circuit 2023-12-06 Denied Response WaivedIFP appellate-review case-review criminal-procedure due-process judicial-review jury-instructions legal-sufficiency procedural-challenge standard-of-review sufficiency-of-evidence trial-evidence verdict-challenge Whether The Evidence Was Insufficient for the Verdict to Stand.
23-6141 Arthur Grady v. Charles Truitt, Warden Seventh Circuit 2023-11-30 Denied Response WaivedIFP criminal-procedure ineffective-assistance-of-counsel jackson-v-virginia jury-instructions special-verdict strickland-v-washington sufficiency-of-evidence united-states-v-powell During Petitioner Arthur Grady's murder trial, the State pursued a single theory of guilt: Grady shot and killed the victim. The jury explicitly rejec…
23-6037 Stephanie N. Torres v. Molly Hill, Acting Warden Ninth Circuit 2023-11-17 Denied Response WaivedIFP 28-usc-2254 aedpa attempted-murder habeas-corpus state-court-record sufficiency-of-evidence When the state court record rebuts the state court's factual findings with clear and convincing evidence pursuant to 28 U.S.C. § 2254(e)(1) may a fede…
23-6001 Kenric Lavaughn Jackson, Sr. v. Texas Texas 2023-11-14 Denied Response WaivedRelisted (2)IFP actual-innocence capital-murder constitutional-rights criminal-procedure due-process eighth-amendment evidentiary-hearing fourteenth-amendment habeas-corpus sufficiency-of-evidence texas-law Question not identified.
23-5935 Michael Ray Thomas v. Adam Douglas, Warden Sixth Circuit 2023-11-01 Denied IFP appellate-review civil-rights criminal-procedure due-process first-amendment ineffective-assistance judicial-discretion prosecutorial-misconduct standing sua-sponte-appointment sufficiency-of-evidence After a United States District Judge orders the appointment of counsel sua sponte "in the interest of justice," may a United States court of appeals s…
23-5654 Daquail Ramon Johnson v. Virginia Virginia 2023-09-26 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review sufficiency-of-evidence virginia In Jackson v. Virginia, 443 U.S. 307 (1979), this Court held that the Due Process Clause requires the following standard of review for appellate claim…
23-5645 Robert Eugene Stallings v. United States Fifth Circuit 2023-09-26 Denied Response WaivedIFP constitutional-challenge counterman-precedent criminal-intent criminal-procedure due-process first-amendment harmless-error jury-instruction jury-instructions procedural-error statutory-interpretation sufficiency-of-evidence Whether Counterman v. Colorado, decided after the decision below, shows that 18 U.S.C. §1038(a) should be read to require proof that the defendant int…
23-5554 Cameron L. Hickman v. United States Fifth Circuit 2023-09-12 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-trial due-process jury-instructions prosecutorial-burden reasonable-doubt sexual-assault standard-of-review sufficiency-of-evidence Whether the prosecution presented sufficient evidence at trial to establish the elements of the alleged crime.
23-5334 Mario Iglesias-Villegas v. United States Fifth Circuit 2023-08-10 Denied Response WaivedIFP criminal-procedure direct-appeal due-process evidence grand-jury-transcripts habeas-corpus jackson-standard reasonable-doubt rule-6e sufficiency-of-evidence 1. The Court has held that the due process clause requires the government to prove each element of a criminal offense beyond a reasonable doubt. In re…
23-5289 Willie Seth Crain, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-08-04 Denied IFP appellate-review constitutional-rights criminal-procedure due-process evidence-sufficiency fourteenth-amendment ineffective-assistance pleadings sixth-amendment sufficiency-of-evidence 1. Is it a violation of the Fourteen th Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not…
23-5266 Mantell Alabi Stevens v. United States Sixth Circuit 2023-08-02 Denied Response WaivedIFP circuit-split controlled-substance criminal-conviction criminal-law drug-distribution due-process jury-instructions reasonable-doubt sentencing sentencing-enhancement sufficiency-of-evidence 1. Can a court send a case to the jury when the evidence is only sufficient to give them a choice between probabilities instead of being sufficient to…
23-5063 Bradley M. Cox v. United States Seventh Circuit 2023-07-10 Denied Response WaivedIFP compulsory-process constitutional-rights criminal-procedure due-process federal-criminal-procedure interstate-commerce interstate-nexus judgment-of-acquittal motion-for-judgment-of-acquittal sufficiency-of-evidence threat-of-damage Regarding generally motions for judgment of acquittal and their consideration and review: 1. Has the "light most favorable to the Government/prosecut…
23-5030 Nygel Dejon Freeman v. United States Fifth Circuit 2023-07-05 Denied Response WaivedIFP appeal constitutional-provisions court-of-appeals criminal-procedure due-process judicial-review legal-evidence reasonable-doubt rule-29 statutory-provisions sufficiency-of-evidence Whether the District Court and Court of Appeals did not defer err in finding sufficient evidence was presented because the Lost P1 r Freeman) J^H ' le…
23-5024 Walter Charles Link v. Texas Texas 2023-07-03 Denied IFP burden-of-proof civil-rights constitutional-rights criminal-procedure due-process equal-protection judicial-proceedings sufficiency-of-evidence texas-law 1. Did +W& ©-£ T£)OxS &tf {/v £&.vlviA,£j +0 ?ro»l£/ BrooK's abWtl A a (£o£oac>L\& deulA ? 2. t»rA +V\£ .s-t&te Tfeiaj: iilgqaley Seirhm^ ?e+W • rt a…
22-7906 Lamar McDonald v. United States Fifth Circuit 2023-06-29 Denied Response WaivedIFP apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness 1)Is Apprendi v. New Jersey Still Good Caselaw? Are the Lower Courts (Appeals Courts included) misapplying Apprendi and Mr. McDonald Fifth and Sixth …
22-7859 Timothy Sumpter v. Kansas Tenth Circuit 2023-06-23 Denied Response WaivedIFP due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis state-post-conviction strickland strickland-standard sufficiency-of-evidence Under clearly established law, in most ineffective assistance of trial counsel cases, prejudice is shown by demonstrating "a reasonable probability th…
22-7847 Colum Patrick Moran v. United States Eleventh Circuit 2023-06-22 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-conviction criminal-procedure due-process insufficient-evidence judicial-precedent plain-error precedent standard-of-review statutory-interpretation sufficiency-of-evidence Whether a conviction predicated on insufficient evidence can meet the plain error standard in the absence of explicit statutory language or on point, …
22-7827 Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-06-21 Denied IFP abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence Is a defendant legally and factually innocent, if the State fails to prove each and every element of the crime {facts}, and the facts do not establish…
22-7670 Lonnie Burdette Porter v. United States Ninth Circuit 2023-05-31 Denied Response WaivedIFP appeal criminal-procedure due-process evidence-sufficiency firearm-possession sentencing-guidelines statutory-interpretation sufficiency-of-evidence In Thompson v. Louisville, 362 U.S. 199 (1960) and Garner v. Louisiana, 368 U.S. 157 (1961), this Court held that it is a violation of due process to …
22-7654 Juan L. Caballero v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-05-26 Denied IFP civil-rights constitutional-review criminal-conviction due-process habeas-corpus insufficient-evidence newly-discovered-evidence prosecutorial-misconduct state-court-review sufficiency-of-evidence The Unitd Stat Court ofAppeal forthe Fith Cicut and the United States District Court for the Westem Dustrict of Texas haoentered a decision in conflic…
22-7344 Oscar Jesus Salais v. Christian Pfeiffer, Warden Ninth Circuit 2023-04-21 Denied Response WaivedIFP attempted-murder evidence-sufficiency habeas habeas-corpus jackson-standard jackson-v-virginia judicial-review ninth-circuit sufficiency-of-evidence summary-reversal In this federal habeas case, petitioner Oscar Salai s challenge s his California convictions on three counts of attempted murder, all premised on one …
22-7272 Christopher Ernest Martinez v. United States Fifth Circuit 2023-04-13 Denied Response WaivedIFP criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court…
22-7188 Brian Douglas Rambo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-04-03 Denied IFP constitutional-interpretation constitutional-underpinnings due-process federal-courts federal-review habeas habeas-corpus no-evidence no-evidence-claim sufficiency-of-evidence Is there a conflict among the federal courts on whether Jackson vs. Virginia, sufficiency of evidence standard, abrogated Thompson v. City of Louisvil…
22-7145 Abdullah Khabir Yusuf v. United States Fifth Circuit 2023-03-31 Denied Response WaivedIFP criminal-procedure due-process in-re-winship jackson-v-virginia reasonable-doubt standard-of-review sufficiency-of-evidence The question presented is whether a federal court of appeals reviewing a defendant's challenge to the sufficiency of the evidence supporting his convi…
22-7103 George Lincoln Stanley, IV v. United States Fourth Circuit 2023-03-24 Denied Response WaivedIFP 28-usc-1291 confrontation-clause criminal-procedure hearsay-testimony ineffective-assistance-of-counsel ineffective-counsel jurisdiction kidnapping kidnapping-charges sixth-amendment sufficiency-of-evidence The following questions are exceptional circumstances that warrants the exercise of the court's discretionafcyvpowers and adequate relief cannot be ob…
22-6912 Michael Wright v. J. Pickett, Warden Ninth Circuit 2023-03-02 Denied Response WaivedIFP certificate-of-appealability constitutional-challenge criminal-procedure due-process evidence-sufficiency federal-court habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence 1. Can the Federal court deny a Certificate of Appealability on the issue of ineffective assistance of counsel for his failure to raise a constitution…
22-6879 Bobby O. Williams v. Appellate Court of Illinois, Fifth District Illinois 2023-02-28 Denied Response WaivedIFP aggravating-factors due-process fair-warning judicial-expansion jury-determination jury-findings retroactivity sentencing-review statutory-interpretation sufficiency-of-evidence On Petitioner's second direct appeal, in resolving Petitioner's sufficiency of evidence claim regarding the existence of a single statutory aggravatin…
22-6855 Alvin Lee Johnson v. Mississippi Mississippi 2023-02-23 Denied Response WaivedIFP criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence WHETHER JOHNSON'S CONVICTION AND SENTENCE DERIVED FROM A DEFECTIVE INDICTMENT NOT BEING PRESENTED, RECEIVED AND FILED IN OPEN COURT? WHETHER JOHNSON'…
22-6793 Robert Loya, Jr. v. United States Fifth Circuit 2023-02-15 Denied Response WaivedIFP criminal-law criminal-procedure drug-possession drug-trafficking evidence felon-in-possession gang-affiliation intent-to-distribute sentencing sufficiency-of-evidence I. Is there insufficient evidence to warrant a finding of guilty for Count 1: possessing with intent to distribute methamphetamine over 50 grams and C…
22-6617 Winsloe Duhaney v. United States District of Columbia 2023-01-24 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy implied-acquittal statutory-interpretation sufficiency-of-evidence After a defendant on appeal challenges the sufficiency of the evidence under the subsection of the criminal statute under which he was convicted, and,…
22-6555 Steven Charles Hill v. Texas Texas 2023-01-18 Denied IFP criminal-procedure criminal-sentencing cruel-and-unusual-punishment cruel-unusual-punishment due-process evidence-sufficiency jury-verdict life-sentence proportionality sentencing sufficiency-of-evidence IS THE EVIDENCE SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT? WAS THE LIFE SENTENCE IMPOSED ON MR. HILL GROSSLY DISPROPORTIONATE? DOES THE LIFE SE…
22-6346 Robert D. Johnson v. Douglas Fender, Warden Sixth Circuit 2022-12-20 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel legal-continuance speedy-trial sufficiency-of-evidence IS IT NOT ERRONEUOSLY FACTUAL AND A MISAPPLICATION OF LAW, RULE OR STATUE FOR THE STATE COURTS AND DISTRICT COURTS TO CONCUR WITH A CONTINUANCE THAT W…
22-6311 Massey L. Allen, Jr. v. Nebraska Nebraska 2022-12-15 Denied IFP criminal-evidence criminal-procedure due-process evidence fourteenth-amendment jackson-v-virginia miranda-rights post-miranda-silence reasonable-doubt standard-of-review sufficiency-of-evidence 1. Whether there was sufficient evidence adduced at trial to convict Petitioner of the offense beyond a reasonable doubt under this Court's holding …
22-5924 Carl Jones v. Pennsylvania Pennsylvania 2022-10-27 Denied Response WaivedIFP appellate-procedure appellate-review constitutional-law constitutional-review criminal-procedure due-process evidentiary-standard legal-sufficiency self-defense standard-of-review sufficiency-of-evidence I. Does the well-settled standard and scope of review governing sufficiency-of-the-evidence claims - a standard and scope of constitutional dimension …
22-5779 James Michael Johnson v. United States Fourth Circuit 2022-10-06 Denied Response WaivedIFP conspiracy criminal-procedure due-process evidence evidence-sufficiency jury-instructions money-laundering standard-of-review sufficiency-of-evidence wire-fraud I. Whether the Fourth Circuit erred by finding that the evidence was sufficient to convict Mr. Johnson of wire fraud, and conspiracy to commit money l…
22-5568 Douglas Gordon v. United States First Circuit 2022-09-13 Denied Response WaivedIFP copyright-infringement criminal-conviction criminal-law evidence fair-use first-circuit jury-instructions orphan-works sufficiency-of-evidence willful-conduct Whether the First Circuit correctly determined that the sufficiency of the evidence supported the jury's finding that Mr. Gordon acted willfully for t…
22-205 Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States Fourth Circuit 2022-09-07 Denied Response Waived circuit-split circumstantial-evidence criminal-procedure evidence-sufficiency federal-court judgment-of-acquittal motion-for-judgment-of-acquittal rule-of-equipoise sufficiency-of-evidence Whether a federal court, assessing the sufficiency of the evidence in a criminal case based wholly on circumstantial evidence, must apply the "rule of…
22-5460 Bradley Lane Croft v. United States Fifth Circuit 2022-08-29 GVR Relisted (2)IFP aggravated-identity-theft circuit-split criminal-procedure discretionary-review federal-question identity-theft money-laundering sufficiency-of-evidence wire-fraud Whether an accused commits the crime of aggravated identity theft by merely uttering, mentioning, or reciting someone else's name when committing frau…
22-5305 Aileen Kogera Njoroge v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion The Defendant, Aileen Kogera Njoroge, hereinafter "Kogera " appeals her conviction following a jury trial held on October 13th through October 16, 202…
22-5110 Onterio Dimitri Brown v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-07-15 Denied Response WaivedIFP civil-rights constitutional-review criminal-conviction criminal-procedure due-process evidence jackson-v-virginia standard-of-review sufficiency-of-evidence supreme-court-precedent PLULE 2201 ve stole grsnneis le Culeye Cnlulaeal_uaulans my Question Two? Hes the Supreme Cour) overturned Jackson —v. Vitginim 443 U.§ O7 G) 1 Ed ad…
22-5027 Justin D. Bennett v. Texas Texas 2022-07-05 Denied IFP confrontation-clause constitutional-protections constitutional-review criminal-procedure due-process jackson-v-virginia out-of-court-statements sufficiency-of-evidence 1. Wheather the due process standard recognized in Jackson v. Virginia, 443 U.S. 307 (1979) constitutionally protects an accused against out-of-cour…
21-8250 Deandre McIntosh v. United States Ninth Circuit 2022-06-28 Denied Response WaivedIFP buyer-seller buyer-seller-rule criminal-intent criminal-procedure drug-conspiracy due-process government-burden-of-proof knowledge knowledge-requirement stake sufficiency-of-evidence Whether a defendant can be convicted of drug conspiracy when he was no more than a buyer seller and the government failed to establish he had knowledg…
21-8215 Nathaniel Ausbie v. United States Fifth Circuit 2022-06-23 Denied Response WaivedIFP appellate-review court-of-appeals criminal-conviction criminal-procedure due-process government-theory jury-instructions legal-review sufficiency-of-evidence When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one…
21-8218 Ramik Banks v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2022-06-23 Denied Response WaivedIFP circuit-conflict due-process federal-appellate-review habeas-corpus jackson-standard jackson-v-virginia legal-precedent standard-of-review sufficiency-of-evidence third-circuit Whether the United States Court of Appeals for the Third Circuit entered a dicision in this case that conflicts with its decision in Travillion v. Sup…
21-8140 Richard Chippero v. Matthew J. Platkin, Acting Attorney General of New Jersey, et al. Third Circuit 2022-06-14 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-rights criminal-conviction criminal-procedure due-process insufficient-evidence legal-sufficiency sufficiency-of-evidence 1. Should Petitioner's convictions be vacated because the evidence was wholly insufficient to sustain his convictions?
21-7782 William Larry Foley v. Texas Texas 2022-05-05 Denied IFP appellate-review criminal-procedure due-process jury-trial jury-verdict standard-of-review sufficiency-of-evidence IS THE EVIDENCE SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT?
21-7749 Samba Sarr v. Brian Cook, Warden Sixth Circuit 2022-04-29 Denied IFP criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence kidnapping sexual-assault sufficiency-of-evidence I. Whether Counsel for Defendant was ineffective as trial counsel for his failure to make proper objection. II. Whether, the evidence presented was i…
21-7687 Earl Jones v. Ohio Ohio 2022-04-25 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence evidence-review fact-inference jackson-standard reasonable-doubt standard-of-review sufficiency-of-evidence supreme-court-ohio Whether a reviewing court must consider all the evidence in determining whether inferences from basic facts to ultimate facts are reasonable to prove …
21-7646 Jason Delacerda v. Texas Texas 2022-04-19 Denied IFP appellate-review criminal-conviction criminal-procedure death-penalty due-process future-dangerousness ineffective-assistance ineffective-assistance-of-counsel psychiatric-evidence psychiatric-testimony sufficiency-of-evidence I. QUESTION PRESENTED NO. ONE - Did the appellate court err in failing to find that the evidence was insufficient to support the conviction and death …
21-7603 Glen S. Evans v. Bill Stange, Warden Eighth Circuit 2022-04-12 Denied IFP 4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence 1. Where the trial court has erred and abused its discretion in overruling defendant's motion to suppress his statements to police, and in admitting …
21-7605 Lwane A. Mansell v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-04-12 Denied Response WaivedIFP 14th-amendment 28-usc-2254 6th-amendment brady-v-maryland brady-violation constitutional-rights discovery-violation due-process habeas-corpus ineffective-assistance procedural-bar sufficiency-of-evidence WHETHER THE DISTRICT COURT ERRED IN DENYING CLAIM ONE OF THE PETITIONER'S 28 U.S.C. § 2254 AS PROCEDURALLY BARRED WHEN THE STATE COURT VIOLATED HIS 5t…
21-7459 Robbie Catchings, aka Robert Brown, aka Robbie Catching v. United States Ninth Circuit 2022-03-24 Denied Response WaivedIFP criminal-law criminal-statute due-process evidence-sufficiency federal-law firearm-possession firearms jury-instructions jury-verdict knowingly-possessed statutory-interpretation sufficiency-of-evidence Whether sufficient evidence supported the jury's verdict that petitioner knowingly possessed a firearm, in violation of 18 U.S.C. § 922(g).
21-7280 Sammie Carroll v. Maryland Maryland 2022-03-04 Denied Response WaivedIFP appellate-review court-of-special-appeals criminal-conviction criminal-procedure due-process evidence evidence-sufficiency jail-call-evidence standard-of-review sufficiency-of-evidence 1) Did the Gourt of Special Appeals of Maryland err,in ruling that the evidence adduced at trial was sufficient to sustain a conviction? 2) Did the …
21-7072 Dontrell R. Wise v. United States Second Circuit 2022-02-08 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence 1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was …
21-7033 Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al. Third Circuit 2022-02-01 Denied Response WaivedIFP appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence I. Whether the United States Court of Appeal's for the Third Circuit entered a decision in conflict with the decision of several other United States C…
21-6932 Joshua Dixon v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-20 Denied Response WaivedIFP appellate-counsel criminal-procedure federal-review ineffective-assistance-of-counsel state-court-findings sufficiency-of-evidence I In Florida, e criminal defendant hes a first eppecl as a matter of c:qht and t theappointment of counsel for said oppeal. under Floridd case law a s…
21-994 John Kapoor v. United States First Circuit 2022-01-13 Denied Relisted (2) conspiracy controlled-substances criminal-law due-process evidence-standard judgment-of-acquittal medical-prescription physician-liability professional-practice sufficiency-of-evidence 1. Whether a non-physician may be convicted of conspiring with a physician to prescribe controlled substances outside the course of professional pract…
21-6736 Steven R. Henson v. United States Tenth Circuit 2021-12-28 GVR Relisted (2)IFP actual-knowledge appellate-review criminal-intent criminal-procedure deliberate-ignorance harmless-error jury-instructions medical-practitioner prescription-liability statutory-interpretation sufficiency-of-evidence willful-blindness 1. Whether the erroneous issuance of a deliberate ignorance or willful blindness instruction is harmless as a matter of law and beyond appellate revie…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence WHETHER PETITIONER-APPELLANT, PARKER WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS RIGHT VIOLATIONS THAT I…
21-6670 Eric Beverly v. United States Fifth Circuit 2021-12-20 Denied Response WaivedIFP administration-of-justice bank-robbery beyond-reasonable-doubt criminal-appeal criminal-procedure due-process evidence-sufficiency federal-jurisdiction fifth-circuit jury-conviction standard-of-review sufficiency-of-evidence I. On Appeal ERIC BEVERLY nged the sufficiency of the evidence for the following jury convictions: (1) four counts of aiding and abetting bank robbery…
21-6662 Bryant Christopher Watts v. Texas Texas 2021-12-17 Denied IFP affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court DID THE COURT OF APPEALS ERR IN AFFIRMING THE TRIAL COURT WHERE EVIDENCE IS INSUFFICIENT TO SUPPORT THE AFFIRMATIVE DEFENSE OF SELF DEFENSE BEYOND A R…
21-6433 Jaimian Rashaad Sims v. United States Fifth Circuit 2021-11-29 Denied Response WaivedIFP administration-of-justice beyond-reasonable-doubt criminal-procedure due-process federal-criminal-cases fifth-circuit-review jury-conviction sex-trafficking standard-of-review sufficiency-of-evidence I. On Appeal JAIMIAN RASHAAD SIMS challenged the following: (1) the sufficiency of the evidence for the jury conviction for conspiracy to sex traffic …
21-6090 Olry Maurival v. United States Eleventh Circuit 2021-10-26 Denied Response WaivedIFP conspiracy crawford-confrontation criminal-procedure evidence-sufficiency false-tax-return false-tax-returns hearsay-evidence sufficiency-of-evidence tax-fraud I. WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE…
21-577 Fredric N. Eshelman v. Puma Biotechnology, Inc. Fourth Circuit 2021-10-20 Denied Response Waived appellate-review civil-procedure damages damages-challenge defamation federal-rules-of-civil-procedure judgment-as-matter-of-law rule-50 sufficiency-of-evidence unitherm unitherm-precedent Under Unitherm and the Federal Rules, can a defendant who did not file a Rule 50 motion for judgment as a matter of law in the district court nonethel…
21-5996 Jayson Thomas Weiss v. California California 2021-10-19 Denied IFP appellate-review burden-of-proof criminal-procedure due-process standard-of-review sufficiency-of-evidence Question not identified.
21-5923 Deonte Kinwan McCoy v. Michigan Michigan 2021-10-08 Denied IFP constitutional-rights due-process fair-trial ineffective-assistance judicial-fact-finding jury-selection reasonable-doubt sufficiency-of-evidence Was the Evidence Insufficient to convict Mr. McCoy of each offense. Should this court should reverse his convictions pursuant to federal and state con…
21-5656 Omar Cebrero v. Rosemary Ndoh, Warden Ninth Circuit 2021-09-13 Denied Response WaivedIFP criminal-conviction due-process felony-murder jackson-v-virginia jury-finding major-participant special-circumstance sufficiency-of-evidence Whether the state court's determination that there was sufficient evidence to support the jury's special circumstance finding that Petitioner was a "m…
21-5610 Willie M. Hardy, Jr. v. United States Fourth Circuit 2021-09-09 Denied Response WaivedIFP career-offender confession crime-of-violence criminal-law drug-trafficking due-process firearm-possession jury-instructions malicious-wounding sentencing sentencing-factor sufficiency-of-evidence 1. Whether Virginia Code 18.2-51, malicious wounding, is a a crime of violence. 2. Whether acquitted conduct is a proper sentencing factor. 3. Wheth…
21-5635 Jamail D. Hairston v. Massachusetts Massachusetts 2021-09-09 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error miranda-rights miscarriage-of-justice police-testimony right-to-remain-silent right-to-silence sufficiency-of-evidence DID THE APPEALS COURT ERR IN HOLDING THAT NO SUBSTANTIAL RISK OF A MISCARRIAGE OF JUSTICE RESULTED FROM OFFICER PAGAN'S ERRONEOUS TESTIMONY ABOUT HAIR…
21-366 Michael Jones v. United States Fifth Circuit 2021-09-08 Denied Response Waived criminal-intent criminal-prosecution due-process expert-testimony fifth-circuit fraud medicare-fraud medicare-regulations sufficiency-of-evidence Petitioners Michael Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Present…
21-367 Paula Jones v. United States Fifth Circuit 2021-09-08 Denied Response Waived criminal-intent due-process expert-testimony fifth-circuit medicare-fraud medicare-rules prosecutorial-misconduct sufficiency-of-evidence Petitioner Paula Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Presented …
21-5578 Guy Don Minze v. Texas Texas 2021-09-03 Denied IFP court-of-appeals criminal-procedure due-process evidentiary-facts jurisdiction notice penal-code prosecutorial-misconduct prosecutorial-vindictiveness standard-of-review sufficiency-of-evidence tex-r-app-p Did the Court of Appeals err in failing to base its Opinion on the evidentiary and adjudicated facts in the record i.e. the Trial Court's "judgment of…
21-5551 Floyd Flugence v. Darrel Vannoy, Warden Fifth Circuit 2021-09-01 Denied Response WaivedIFP constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence 1. Whether the evidence was sufficient to support, the finding of guilt, in accordance with La. R.S. 14:30.1 (Second Degree Murder) where there was no…
21-5505 Maurice Lamont Davis v. United States Fifth Circuit 2021-08-26 Denied IFP armed-career-criminal-act burglary-statute categorical-approach demand-for-certainty felon-in-possession felon-status intent-element state-law-interpretation sufficiency-of-evidence 1. Under plenary appellate review, is a defendant's trial stipulation that he was a felon at the time he possessed a firearm sufficient evidence that …
21-5388 Wilbert Kelly, Jr. v. Louisiana Louisiana 2021-08-18 Denied Response WaivedIFP age-restriction burden-of-proof constitutional-interpretation criminal-procedure due-process legal-standing post-conviction-relief presumption-of-innocence public-official sufficiency-of-evidence supreme-court-jurisdiction Have The PElitioner Beon Reovided With Fundamental Due Process According To The United Stales Constilulions By His Slate CauFts?
21-5377 Alexander Ascencio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-16 Denied IFP due-process effective-assistance-of-counsel fourteenth-amendment habeas-corpus jackson-v-virginia sixth-amendment sufficiency-of-evidence watson-v-state WHETHER THE LOWER COURT DENIED PETITIONER DUE PROCESS, WHEN THE COURT DID NOT CONSIDERED THE SUFFICIENCY OF THE EVIDENCE ON THIS CASE WHICH WAS A CRUC…
21-5315 Rafael Arturo Coto Chinchilla v. Louisiana Louisiana 2021-08-06 Denied Response WaivedIFP closing-arguments criminal-procedure due-process evidence-sufficiency jury-instructions prosecutorial-misconduct sufficiency-of-evidence trial-error 1. WAS THE EVIDENCE IN THE INSTANT CASE INSUFFICIENT TO SUPPORT A GUILTY VERDICT ON ALL THREE COUNTS OF THE BILL OF INFORMATION? 2. DID THE TRIAL COU…
21-5166 Leobardo Valladares v. Craig Koenig, Warden Ninth Circuit 2021-07-22 Denied Response WaivedIFP criminal-procedure cumulative-error due-process evidentiary-hearing first-degree-murder ineffective-assistance jury-instructions reasonable-doubt standard-of-proof sufficiency-of-evidence I. Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder? II. Did Trial Counsel Render Ineffectiv…
21-5106 Logan Viquesney v. United States Tenth Circuit 2021-07-14 Denied Response WaivedIFP conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence 1) Can the Court sustain a conviction when a required underlined State offense is not charged in the indictment?
21-5054 Kevin Antonio Watson v. Virginia Virginia 2021-07-08 Denied IFP appellate-review burden-of-proof constitutional-rights criminal-procedure due-process evidence-sufficiency habeas-corpus ninth-circuit prosecutorial-misconduct reasonable-doubt sufficiency-of-evidence L. Vjke-tlwi Obfhr -tine m //sA-A/^ s-P Pku&rafat lb PfoS^ec-U-hcun j as\^ ra-h 4iri €/r> oF'' '. P4< l4 £ouI 4 kat/e-f'kut'id *ffhe_ Vc&afAfaaf^ tfnT…
20-8355 Jason Kyle Gee v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-22 Denied IFP constitutional-rights criminal-procedure due-process equal-protection jackson-v-virginia jury-deliberations racial-bias standard-of-review sufficiency-of-evidence verdict-challenge Question not identified.
20-8328 Juan E. Seary-Colon v. United States First Circuit 2021-06-16 Denied Response WaivedIFP appellate-review burden-of-proof constitutional-challenge conviction-review criminal-procedure due-process insufficient-evidence legal-sufficiency procedural-review standard-of-review sufficiency-of-evidence Whether Evidence was Totally Insufficient for the Conviction to Stand.
20-1681 Shelton Barnes v. United States Fifth Circuit 2021-06-04 Denied Response Waived criminal-intent due-process fair-trial fifth-circuit medicare-billing obstruction obstruction-statute rule-of-lenity sufficiency-of-evidence (1) Does the Panel Decision of the United States Court of Appeals for the Fifth Circuit, rendered October 28, 2020 (979 F.3d 283 (5th Cir. 2020), WL 6…
20-8220 Patrick Alan Vercruysse v. Bryan Morrison, Warden Sixth Circuit 2021-06-03 Denied Response WaivedIFP 14th-amendment constitutional-rights due-process evidence-insufficiency first-degree-murder fourteenth-amendment police-testimony strangulation sufficiency-of-evidence suffocation SHOULD PETITIONER'S CONVICTION BE VACATED DUE TO INSUFFICIENCY OF THE EVIDENCE THAT HE CAUSED THE DEATH OF DOCTOR THOMPSON BY STRANGULATION OR SUFFI…
20-1605 Justin Terrell Atkins v. Timothy Hooper, Warden Fifth Circuit 2021-05-18 Denied Response RequestedResponse WaivedRelisted (2) aedpa brecht-v-abrahamson confrontation-clause habeas habeas-corpus harmless-error harmlessness preservation-rule sufficiency-of-evidence Whether, as concluded by every circuit that has considered the issue, the preservation rule applies to the State's forfeiture of harmlessness in AEDPA…
20-7971 Derek A. Rivera v. Connie Horton, Warden Sixth Circuit 2021-05-11 Denied Response WaivedIFP criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence RIVERA WAS DENIED A FAIR TRIAL BY OTHER-ACTS EVIDENCE THAT HAD NO PROPER PURPOSE AND THUS ENCOURAGED THE JURY TO CONVICT HIM ON AN IMPROPER CHARACTER-…
20-7899 Christopher Middleton v. Georgia Georgia 2021-04-30 Denied Response WaivedIFP criminal-procedure due-process essential-elements harmless-error indictment-sufficiency jury-disbelief self-defense standard-of-review sufficiency-of-evidence Whether a finding of guilt can be predicated on the jury's disbelief of a defendant's statements where the defendant does not testify and the State fa…
20-7852 John Elmer v. Louisiana Louisiana 2021-04-26 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process in-re-winship jackson-v-virginia sufficiency-of-evidence 1. Reasonable jurists would determine that the State failed to meet the stringent burden of proof as established by Jackson v. Virginia and In re: Win…
20-7772 Tanelle M. Jefferson v. Ohio Sixth Circuit 2021-04-16 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process hearsay reasonable-doubt sufficiency-of-evidence Whether or not the State of Ohio proved the petitioner's guilt "Beyond a Reasonable Doubt"? (1) All elements the offenses must be proved to the jury w…
20-7676 Aaron Orlando Richards v. Darrel Vannoy, Warden Fifth Circuit 2021-04-07 Denied Response WaivedIFP circumstantial-evidence criminal-conviction criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia motion-for-bill-of-particulars motion-to-suppress reasonable-doubt sixth-amendment sufficiency-of-evidence This is a principal to second degree robbery case based, almost exclusively, on questionable circumstantial evidence that ended in a life sentence for…
20-7686 Lonnie Alonzo Howard v. United States Eighth Circuit 2021-04-07 Denied IFP appellate-review armed-career-criminal-act circuit-court criminal-procedure evidence-sufficiency felon-in-possession plain-error sufficiency-of-evidence trial-record 1. Whether this case should be held pending this Court's decision in Greer v. United States, No. 19-8709, which will determine if a circuit court of a…
20-7485 Wilbern Woodrow Cooper v. Willis Chapman, Warden Sixth Circuit 2021-03-17 Denied Response WaivedIFP 14th-amendment civil-rights constitutional-rights due-process evidence-sufficiency fourteenth-amendment liberty-interest standing state-agents state-deference sufficiency-of-evidence Would the Supreme Court of the United States disregard a Due Process Clause of the Fourteenth Amendment violation that the sixth circui.t court had re…
20-7380 Michael Eugene Wyatt v. John Sutton, Warden Ninth Circuit 2021-03-09 Denied Response WaivedIFP criminal-elements deliberation first-degree-murder habeas-review ninth-circuit ninth-circuit-precedent precedent premeditation premeditation-and-deliberation state-law sufficiency-of-evidence Did the Ninth Circuit improperly disregard and/or overlook United State Supreme Court and Ninth Circuit precedent that required it to defer to Califor…
20-7363 Lerone Bernard Butler v. United States Eleventh Circuit 2021-03-08 Denied Response WaivedIFP conspiracy controlled-substances criminal-procedure drug-offenses due-process law-enforcement-misconduct possession-with-intent sentencing sufficiency-of-evidence WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE GO…
20-7147 Joe Angel Acosta, III v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-12 Denied IFP civil-rights constitutional-claims criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions post-conviction-relief procedural-default sufficiency-of-evidence Does this Court's holding in Cole v. Arkansas 68 S.Ct 514 constitute "Actual Innocence" or "Miscarriage of Justice" to excuse procedural default?
20-6951 Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-26 Denied IFP criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence FORMAL REQUISITE OF AN INDICTMENT: THE INDICTMENT FAILED TO PROPERLY ALLEGE THE OFFENSE,AS WRITTEN IN THE TEXAS PENAL CODE ANN. § 21.02. INSUFFICIEN…
20-6927 Anthony Freeney v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP 18-usc-3553a audio-recordings criminal-procedure due-process evidence-sufficiency jail-phone-calls jury-instructions jury-verdict sentencing standard-of-review sufficiency-of-evidence GUILTY VERDICT? DID THE DISTRICT COURT ERR IN ADMITTING AUDIO RECORDINGS OF MR. FREENEY'S JAIL PHONE CALLS? DID THE SENTENCE IMPOSED BY THE DISTRICT…
20-6842 Christine D'Onofrio v. Costco Wholesale Corporation Eleventh Circuit 2021-01-12 Denied Response WaivedIFP appellate-review civil-procedure federal-rules-of-civil-procedure legal-sufficiency rule-50b-motion seventh-amendment standard-of-review sufficiency-of-evidence supreme-court-precedent A. Whether the majorit y opinion in affirming the grant of a Fed. R. Civ. P. 50(b) motion failed to apply the correct standard of review, and under th…
20-6732 Adams Joel Forty-Febres v. United States First Circuit 2020-12-30 Denied Response WaivedIFP appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence-insufficiency first-circuit judicial-review standard-of-review statutory-interpretation sufficiency-of-evidence Whether Evidence was Totally Insufficient for the Conviction to Fairly Stand.
20-6688 Arthur Tyrone Lee, Jr. v. United States Eighth Circuit 2020-12-23 Denied Relisted (2)IFP circuit-split criminal-law criminal-procedure plain-error rehaif-v-united-states sufficiency-of-evidence Whether, on plain error review and following this Court's decision in Rehaif v. United States, 139 S. Ct. 2191 (2019), a defendant's stipulation at tr…
20-6680 Darryl Taylor v. Timothy E. Buchanan, Warden Sixth Circuit 2020-12-21 Denied Response WaivedIFP constitutional-review criminal-procedure due-process federal-law habeas-corpus ineffective-assistance jackson-v-virginia standard-of-review standing sufficiency-of-evidence Question not identified.
20-6572 Deshawn Legrier v. United States Second Circuit 2020-12-09 Denied Relisted (2)IFP appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record In Rehaif v. United States, 139 S.Ct. 2191 (2019), this Court held that knowledge-of-status was an element of the crime set forth in 18 U.S.C. § 922(g…
20-6519 Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States Ninth Circuit 2020-12-03 Denied Response WaivedIFP alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a…
20-6465 Damontaze Montrell Tillery v. United States Fourth Circuit 2020-11-27 Denied Response WaivedIFP convicted-felon criminal-evidence criminal-procedure drug-trafficking due-process firearm-possession motion-for-acquittal sentencing sentencing-guidelines sufficiency-of-evidence Whether the Court of Appeals erred in affirming the District Court's decision to overrule Petitioner's motion for acquittal when the evidence at trial…
20-6439 Sidney Patterson v. United States Fifth Circuit 2020-11-25 Denied Response WaivedIFP criminal-activity due-process legislative-intent racketeering rico rico-statute sufficiency-of-evidence unsophisticated-crime vague-statute A conviction based on less than sufficient evidence is a due process violation. 1. Does the application of a vaguely written racketeering statute to …
20-6381 Domenico Anastasio v. United States Second Circuit 2020-11-19 Denied Response WaivedIFP appellate-review criminal-conviction criminal-procedure district-court indictment rico-conspiracy second-circuit standard-of-review sufficiency-of-evidence Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United …
20-6385 Jason D. Devers v. Nebraska Nebraska 2020-11-19 Denied Relisted (2)IFP constitutional-claims conviction-of-sole-participant criminal-procedure due-process felony-murder habeas-corpus ineffective-assistance pinkerton-doctrine post-conviction-relief state-court-review sufficiency-of-evidence trial-attorney-affidavit 2) Did the State of Nebraska commit error when it convicted the Defendant of Felony Murder, using the aiding and abetting theory when there is no prin…
20-6269 Gilbert Montrez Gardner v. Maryland Maryland 2020-11-12 Denied Response WaivedIFP case-review certiorari court-of-appeals felony-murder legal-remand mens-rea robbery rosemond-precedent rosemond-v-united-states sufficiency-of-evidence supreme-court-review THIS COURT SHOULD GRANT CERTIORARI VACATE THE DECISION OF THE COURT OF APPEALS OF MARYLAND AND REMAND TO THAT COURT IN LIGHT OF THIS COURT'S DECISION …
20-6094 Sean Alonzo Bush v. Florida Florida 2020-10-22 Denied IFP constitutional-law constitutional-rights criminal-procedure due-process evidence-sufficiency florida-supreme-court legal-precedent precedent standard-of-review sufficiency-of-evidence WHETHER THE FLORIDA SUPREME COURT DENIED THE PETITIONER DUE PROCESS WHEN IT ABANDONED A CENTURY OF PRECEDENT AND APPLIED A NEW AND LESS STRICT STANDAR…
20-6030 Byron A. Wyatt v. United States Fifth Circuit 2020-10-15 Denied Response WaivedIFP criminal-procedure evidentiary-sufficiency interest-of-justice interests-of-justice material-evidence newly-discovered-evidence rule-33 standard-of-review sufficiency-of-evidence trial-standard Whether F.R.Crim.P. Rule 33's standard for granting a new trial based on newly discovered evidence "if the interest of justice so requires" cannot be …
20-6007 William Harold Wright, Jr. v. United States Eleventh Circuit 2020-10-14 Denied Response WaivedRelisted (2)IFP constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue Did the Delaware Court Erect to Denie doaht's Modton bo t SINS Che Naictineit?
20-5883 Kyle Patrick Comrie v. California California 2020-10-01 Denied IFP burden-of-proof constitutional-rights criminal-procedure due-process felony-murder jury-findings jury-instructions reasonable-doubt sandstrom sufficiency-of-evidence Petitioner's first degree murder conviction was invalid under People v, Chiu as there was no basis to find that the iurv did not rely on aiding and a…
20-5692 Johnathon Nico Wise v. United States Fifth Circuit 2020-09-14 Denied Response WaivedIFP criminal-procedure error-preservation federal-rules-of-criminal-procedure fifth-circuit judgment-of-acquittal legal-motion preservation-of-error rule-29 standard-of-review sufficiency-of-evidence Whether specific grounds must be identified in a Rule 29 motion for judgment of acquittal to preserve error?
20-5603 Michael A. Glover v. Pennsylvania Pennsylvania 2020-09-08 Denied Response WaivedIFP 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process equal-protection evidence-sufficiency reasonable-doubt sufficiency-of-evidence I. DID THE PENNSYLVANIA STATE COURTS VIOLATE THE PETITIONER'S 5TH & 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION WHEN THEY FOUND THE PETITIONER …
20-5551 Ohio, ex rel. Jeremy Kerr v. Robert Pollex, et al. Ohio 2020-09-01 Denied Response WaivedIFP 14th-amendment constitutional-challenge criminal-conviction criminal-procedure due-process evidentiary-sufficiency jurisdiction state-court state-court-judgment subject-matter-jurisdiction sufficiency-of-evidence Does a state court's judgment of conviction violate the 14th Amendment to the United States Constitution when the record of the case is wholly devoid …
20-5483 Dion Black v. Norm Robinson, Warden Sixth Circuit 2020-08-25 Denied IFP certificate-of-appealability confrontation-clause confrontation-rights cross-examination double-inference-rule effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence Should the petitioner have been granted a certificate of appealability where the State courtS/U.S. District Court and Sixth Circuit Court of Appeals d…
20-5115 Gerson Serrano-Ramirez v. United States Sixth Circuit 2020-07-21 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence evidence-rules federal-procedure gang-affiliation jury-instructions motion-to-sever sufficiency-of-evidence venue Mr. Gerson Serrano-Ramirez was tried and convicted on in the United States District Court for the Middle District of Tennessee. Prior to and during tr…
20-5070 Joaquin Shadow Rams v. Virginia Virginia 2020-07-19 Denied Response WaivedIFP appellate-review constitutional-interpretation criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia sufficiency-of-evidence virginia In Jackson v. Virginia, 443 U.S. 307 (1979), this Court held that the Due Process Clause requires the following standard of review for appellate claim…
19-8882 George Donald Hatt, Jr. v. Washington Washington 2020-07-02 Denied IFP burden-of-proof due-process first-aggressor jury-instruction self-defense sua-sponte substantial-rights sufficiency-of-evidence Did the First Aggressor Jury Instruction, issued sua sponte, violate due process by relieving the state of its burden to disprove self-defense? 2. Do…
19-8885 Juan Leonardo Cadenas-Urena v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP controlled-substance criminal-procedure drug-manufacturing due-process evidence evidence-sufficiency jury-verdict premises-liability sentencing-guidelines sufficiency-of-evidence 1) DID THE PANEL ERR BY HOLDING THAT THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE JURY'S GUILTY VERDICT? 2) DID THE PANEL ERR BY UPHOLDING THE APPLICATI…
19-8720 Ankit Puri v. United States Fifth Circuit 2020-06-16 Denied Response WaivedIFP criminal-law firearms immigration jury-instructions rehaif-v-united-states sufficiency-of-evidence 1) Whether, in light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019), the indictment and jury instructions omitted an essen…
19-8625 Dedric Davis v. Florida Florida 2020-06-05 Denied IFP appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court WHETHER THE TRIAL COURT ERRED IN NOT GRANTING PETITIONER'S MOTION FOR JUDGMENT OF ACQUITTAL
19-8364 Adam C. Vance v. United States Sixth Circuit 2020-04-27 Denied Response WaivedIFP access-device-fraud aggravated-identity-theft criminal-procedure identity-theft internet-transactions interstate-commerce reasonable-doubt sufficiency-of-evidence united-states-v-alexander united-states-v-vance Was Vance Entitled To Acquittal for Online Internet -based Aggravated Identity Theft where it was not shown this Internet transaction in Count 3 was d…
19-8353 Curtis Stokes v. Indiana Indiana 2020-04-24 Denied Response WaivedIFP appellate-review constitutional-equal-protection criminal-procedure due-process equal-protection evidence ineffective-assistance-of-counsel post-conviction-relief strickland-standard sufficiency-of-evidence I. Stokes and his codefendants were charged with multifarious felonies. On appeal, Stokes ' codefendant had the most serious charge dismissed for insu…
19-8337 Jermaine Ruffin v. Louisiana Louisiana 2020-04-22 GVR Response RequestedResponse WaivedRelisted (2)IFP 14th-amendment 5th-amendment 6th-amendment constitutional-amendments due-process jackson-v-virginia jury-verdict non-unanimous-jury sufficiency-of-evidence Whether Petitioner was constitutionally entitled to a unanimous jury under the Fifth, Sixth, and Fourteenth Amendments to the United States Constituti…
19-8326 Charles Brandon Martin v. Maryland Maryland 2020-04-21 Denied Response WaivedIFP brady-violation burden-of-proof confrontation-clause evidence-sufficiency materiality materiality-standard sufficiency-of-evidence voir-dire witness-availability When a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) occurs, must the Court take into account the effects of the Brady violation, or simply …
19-8282 In Re Robbie Gene Watson, Jr. 2020-04-17 Denied IFP arbitrary-enforcement civil-rights constitutional-vagueness criminal-law discriminatory-enforcement due-process habeas-corpus judicial-review penal-code sufficiency-of-evidence vagueness Did reasonable jurist debate whether Penal Code section 206 is Constitutionally void for purported vagueness because it is capable of arbitrary and di…
19-8261 Sean Ath v. United States Fourth Circuit 2020-04-15 Denied Response WaivedIFP appellate-review circuit-split criminal-conviction criminal-procedure due-process evidentiary-sufficiency judicial-standard standard-of-review substantial-evidence sufficiency-of-evidence united-states-v-rahseparian I. Whether the United States Court of Appeals properly applied the "substantial evidence" test in concluding there was sufficient evidence to affirm P…
19-8256 Jerry Browdy v. United States Eleventh Circuit 2020-04-14 Denied Response WaivedIFP appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judicial-review motion-for-acquittal sentencing-errors sufficiency-of-evidence I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED BROWDY'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT BROWDY'…
19-8088 Antonio Rodrigues v. Massachusetts Massachusetts 2020-03-24 Denied IFP constitutional-due-process criminal-element due-process felony-murder judicial-determination judicial-fact-finding maximum-sentence predicate-felony sentencing sufficiency-of-evidence trial-evidence Does the Constitution prohibit a State to define a crime to include an element that is to be decided by a judge without evidence; and where the State …
19-7987 Ashley R. Hambright v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP criminal-procedure driving-while-intoxicated due-process dui evidence evidence-sufficiency federal-appeals intoxication magistrate-review military-jurisdiction stare-decisis sufficiency-of-evidence Petitioner, ASHLEYR. HAMBRIGHT, appealed her twelve months of supervised probation for driving while intoxicated ("DWI") on the grounds of a military …
19-7971 William L. Lewis v. Illinois Illinois 2020-03-12 Denied Response WaivedIFP bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence 1. Did the trial Code And The Appellate Court error within entering a finding of quilt On a Single count Robbery when the government Cid net Prove pet…
19-7945 Zacharias Abab Aguedo v. United States Eleventh Circuit 2020-03-11 Denied Response WaivedIFP appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED AGUEDO'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT AGUEDO'…
19-7514 Ekanem Kurfreobon Essien v. Suzanne M. Peery, Warden Ninth Circuit 2020-01-31 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-street-gang due-process habeas-corpus ninth-circuit-review reasonable-doubt sentencing-enhancement street-terrorism-enforcement-and-prevention-act sufficiency-of-evidence Whether the Ninth Circuit erred when it denied petitioner Ekanem Kufreobon Essien's 28 U.S.C. § 2254 habeas petition based on its conclusion that his …
19-7431 Brandon J. Lofland v. Connie Horton, Warden Sixth Circuit 2020-01-27 Denied Response WaivedIFP constitutional-review criminal-procedure due-process habeas-corpus identification-testimony ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia jury-trial miscarriage-of-justice procedural-default state-procedural-rules sufficiency-of-evidence Did the Court of Appeals decide an important federal question -- whether a "mere modicum" of evidence is sufficient to sustain the conviction -- in a …
19-7407 Paula Bennett v. Shawn Brewer, Warden Sixth Circuit 2020-01-24 Denied Response WaivedIFP closeness-of-case constitutional-deficiency criminal-procedure-ineffective-assistance-of-couns cumulative-errors cumulative-prejudice ineffective-assistance prejudice prejudice-analysis reasonable-likelihood sixth-amendment strickland strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence trial-counsel 1. Whether, under Strickland, a court may conduct a prejudice analysis that focuses solely on the sufficiency of the evidence presented, or must it in…
19-7273 Pablo Rodriguez-Palomino v. Illinois Illinois 2020-01-15 Denied Response WaivedIFP appellate-review burden-of-proof criminal-procedure criminal-sexual-assault due-process essential-elements fourteenth-amendment jackson-v-virginia rational-trier-of-fact reasonable-doubt standard-of-review state-evidence sufficiency-of-evidence Whether evidence that is insufficient to prove beyond a reasonable doubt that a defendant is guilty of crimes, and inadequate when judged under the st…
19-7167 Harshadkumar Nanjibhai Jadav v. Virginia Virginia 2020-01-03 Denied Response WaivedIFP appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence I. Contrary to precedent set in Yeager v. Commonwealth , 16 Va. 433 S.E.2d 248 (1993) and rule 3A:16 of the Rules of App. 761 Supreme Court of Virgini…
19-6947 Reinaldo Rodriguez-Martinez v. United States First Circuit 2019-12-16 Denied Response WaivedIFP appellate-review civil-rights criminal-procedure due-process jackson-v-virginia jury-instructions rico rico-conspiracy-statute rico-enterprise sufficiency-of-evidence united-states-v-turkette 1. In United States v. Turkette , 452 U.S. 576 (1981) , this Court first held , in a RICO conspiracy case, 18 U SC §1962 (d), that the statute applies…
19-6478 Abdul King Garba, et al. v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility 1. Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testi…
19-572 Ravneet Singh v. United States Ninth Circuit 2019-10-31 Denied civil-procedure due-process evidence harmless-error jury jury-instructions standard-of-review standing sufficiency-of-evidence 1. Whether, upon invalidating one of two alternative theories of liability presented to a jury, the reviewing court should ask if there is "sufficient…
19-6427 Ray A. Smith v. John Chapdelaine, Warden, et al. Tenth Circuit 2019-10-31 Denied Relisted (2)IFP charging-document criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions professional-responsibility prosecutorial-misconduct standard-of-review sufficiency-of-evidence 1. As representatives of the Office of Public Defender, did lawyers Willie Rios and Eric Zale, fufill their professional responsibilities and obligati…
19-6341 Charles Raymond Stagner v. United States Eleventh Circuit 2019-10-22 Denied Response WaivedIFP criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to…
19-6297 Aleisha O. Gray v. United States Fifth Circuit 2019-10-17 Denied Response WaivedIFP alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence I. Is there insufficient evidence to warrant a finding of guilty for conspiracy to transport undocumented aliens and for transporting undocumented ali…
19-6232 Jason James Neiheisel v. United States Eleventh Circuit 2019-10-09 Denied Response WaivedIFP appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury co…
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony 1. DID THE STATE APPELLATE COURT AND THE LOUISIANA SUPREME COURT ERR IN DENYING PETITIONER 'S APPEAL BECAUSE THE EVIDENCE PRESENTED AT TRIAL WAS INSUF…
19-6107 Robert B. Ledbetter v. United States Sixth Circuit 2019-10-01 Denied Response WaivedIFP conspiracy conspiracy-charges criminal-law criminal-sentencing double-jeopardy due-process fifth-amendment insufficient-evidence murder murder-conviction sufficiency-of-evidence 1. Where the evidence is insufficient to convict on conspiracy and murder charges, can the defendant be convicted on those charges? And 2. Whether a…
19-6070 Malcom McClenon v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-26 Denied IFP appeals appellate-review batson-challenge constitutional-rights conviction criminal-procedure due-process fair-trial fifth-circuit habeas-corpus harmless-error judicial-review sufficiency-of-evidence 1. IS RELIEF DUE. TO AN CONVICTION I DEVOIN OF THE RUDIMENTARY DEMANDS OF FAIR PROCEDURE ? 2. DOES BATSON" DEFY A HARMLESS-ERROR ANALYSIS? BJ DOES A…
19-5983 Alejandro Llamas-Delgado v. United States Eighth Circuit 2019-09-18 Denied Response WaivedIFP burden-of-proof conspiracy controlled-substances criminal-law criminal-procedure drug-conspiracy drug-trafficking due-process statutory-interpretation sufficiency-of-evidence supreme-court-precedent Whether the lower court's decision conflicts with Supreme Court and other circuit precedent concerning the government's burden to prove the evidence w…
19-5919 Marlon Romaine Carter v. Louisiana Louisiana 2019-09-12 Denied Response WaivedIFP constructive-possession criminal-conviction due-process felon-in-possession fourteenth-amendment jackson-v-virginia sixth-amendment sufficiency-of-evidence I. Whether the State of Louisiana misapplied Jackson v. Virginia sufficiency of evidence test when holding, to the contrary, the evidence was sufficie…
19-5904 Travis Dennis v. Darrel Vannoy, Warden Fifth Circuit 2019-09-11 Denied Response WaivedIFP appellate-review batson-challenge constitutional-rights criminal-procedure criminal-procedure-due-process due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-verdict sixth-amendment sufficiency-of-evidence Reasonable jurists could find that the Courts have abused their discretion in accepting the Jury's verdict even though the Record supports that Ronald…
19-5819 Arthur Rathburn v. United States Sixth Circuit 2019-09-04 Denied Response WaivedIFP confrontation confrontation-clause criminal-procedure due-process evidence-standard evidentiary-issues fair-notice jury-instructions reasonable-doubt right-to-jury-trial right-to-present-defense sufficiency-of-evidence vagueness I. DID THE GOVERNMENT FAIL TO PRESENT SUFFICIENT EVIDENCE TO SUPPORT THE CONVICTIONS BEYOND A REASONABLE DOUBT? II. WAS PETITIONER RATHBURN DENIED HI…
19-5791 Marcus Jackson v. Vance Laughlin, Warden, et al. Georgia 2019-09-03 Denied Response WaivedIFP appellate-counsel appellate-review discretionary-relief discretionary-review error-of-law habeas-corpus ineffective-assistance-of-counsel irrational-strategy legal-sufficiency sixth-amendment state-appeals sufficiency-of-evidence thirteenth-juror thirteenth-juror-review Did the Georgia courts err by refusing to remedy appellate counsel's professionally deficient, and prejudicial, waiver of a claim for discretionary re…
19-243 Richard M. Camacho v. United States Armed Forces 2019-08-23 Denied Response Waived criminal-procedure due-process ineffective-assistance-of-counsel military-justice presumption-of-innocence prosecutorial-misconduct sexual-assault sixth-amendment sufficiency-of-evidence I. Whether the Army's Sexual Harassment Assault Response and Prevention Program (SHARP) reversed the constitutional presumption of innocence, diluted …
19-5631 Joe Fernandez v. United States Second Circuit 2019-08-19 Denied Response WaivedIFP 18-usc-924c aider-and-abettor aider-and-abettor-liability aiding-and-abetting criminal-liability criminal-procedure criminal-procedure-error-analysis harmless-error jury-instruction rosemond-standard rosemond-v-united-states statutory-interpretation sufficiency-of-evidence 1. Whether the failure to give an instruction on aider and abetter liability for a violation of 18 U.S.C. § 924(c) that comported with this Court's de…
19-5635 Shango Jaja Greer v. United States Ninth Circuit 2019-08-19 Denied Response WaivedIFP brady-violation due-process grand-jury ineffective-assistance prosecutorial-misconduct sixth-amendment sufficiency-of-evidence (1) Did the District Court improperly condone the prosecutor's profligate misconduct in not only failing to disclose to the defense before trial that …
19-5532 Timothy W. Sparrow v. Rusty Washburn, Warden Sixth Circuit 2019-08-09 Denied Response WaivedIFP criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence 1. The indictment was defective because it did not adequately inform the petitioner of the state's theory of attempted first degree murder. (Doc. No. …
19-5450 Paul Suarez v. United States Fifth Circuit 2019-08-06 Denied Response WaivedIFP 18-usc-924c appeal conviction criminal-conviction criminal-procedure drug-trafficking firearm-offense jury-unanimity law-of-the-case legal-sufficiency manifest-injustice sufficiency-of-evidence 1) DID THE PANEL ERR BY HOL DING THAT THE "LAW OF THE CASE" GOVERNED ITS DECI SION IN HOLDING THAT THE EVIDENCE WAS LEGALLY SUFFICIENT TO SUSTAIN THE …
19-5436 Martin Araiza-Jacobo v. United States Fifth Circuit 2019-08-02 Denied IFP appellate-review circuit-split criminal-procedure criminal-procedure-error deliberate-ignorance harmless-error jury-instruction jury-instructions legal-sufficiency standard-of-review sufficiency-of-evidence Whether the standard for assessing the harmlessness of an erroneously submitted deliberate-ignorance instruction turns only on the legal sufficiency o…
19-5432 Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden Sixth Circuit 2019-08-01 Denied Response WaivedIFP credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence I., THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, TEDERAL DISTRICT COURT, AND STATE TRIAL COURT ALL HAVE DECIDED AN IMPORTAN7 TEDERAL QUES…
19-149 Fort Bend Mechanical, Limited, et al. v. Gil Ramirez Group, L.L.C., et al. Fifth Circuit 2019-07-31 Denied Response Waived appellate-review circuit-split civil-procedure civil-procedure-review federal-rules-civil-procedure fifth-circuit plain-error rule-50 sufficiency-challenge sufficiency-of-evidence 1. Whether the Fifth Circuit failed to follow its own precedent when declining to conduct a plain error review of the sufficiency challenge due to inc…
19-5340 Carl Prostell v. David Zook, Warden Fourth Circuit 2019-07-26 Denied Response WaivedIFP appeal confrontation-clause constitutional-rights criminal-procedure due-process evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury post-conviction-relief reasonable-doubt sufficiency-of-evidence WHETHER THE FOURTH CIRCUIT ERRED IN DEFERRING TO THE STATE COURT FINDING THAT THE EVIDENCE WAS SUFFICIENT TO FIND INTENT TO SUSTAIN A CONVICTION OF AG…
19-5296 Ozzie Davis v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-07-24 Denied Response WaivedIFP bruton-v-us criminal-conspiracy criminal-procedure due-process fair-trial-rights jackson-v-virginia prosecutorial-misconduct state-trial sufficiency-of-evidence supreme-court-precedent third-degree-murder WHETHER THE PENNSYLVANIA SUPERIOR COURT'S DENIAL ON DIRECT REVIEW OF THE CHALLENGE TO THE SUFFICIENCY OF THE EVIDENCE IN SUPPORT OF PETITIONER'S CON…
19-5297 Esterlin Appolon v. Arizona Arizona 2019-07-24 Denied IFP civil-rights constitutional-claim criminal-procedure double-jeopardy due-process federal-law judicial-review jurisdiction post-conviction second-amendment sentencing standard-of-review state-court sufficiency-of-evidence unreasonable-application Whether, Arizona Supreme Court abuse it's discretion by dismissing the Petition For Special action and Motion For Stay? Whether, the Superior court w…
19-5263 Miah Stroud v. Shawn Brewer, Warden Sixth Circuit 2019-07-22 Denied Response WaivedIFP constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification I. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL RIGHT TO DUE PROCESS WHEN SHE WAS CONVICTED OF SECOND DEGREE MURDER AND THREE COUNTS …
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court .Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside …
19-5007 Jonathan Paul Sikes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-01 Denied Relisted (2)IFP actual-innocence credibility-of-witnesses criminal-conviction criminal-procedure due-process jackson-standard jackson-v-virginia juvenile-offender reasonable-doubt sexual-offenses standard-of-proof sufficiency-of-evidence testimony witness-credibility Question #1: The Northern District Court reasoned that because K.S. told ' other people (speculating what K.S. told other witnesses ), "there was ab…
19-5020 Khaleefa Lambert v. Darren Settles, Acting Warden Sixth Circuit 2019-07-01 Denied IFP criminal-procedure felony-murder ineffective-assistance ineffective-assistance-of-counsel murder-conviction prejudice premeditated-murder reasonable-jury sixth-amendment standard-of-review sufficiency-of-evidence trial-counsel Did the Sixth Circuit err in denying Petitioner's claim that his trial counsel's performance was so deficient as to prejudice the outcome of the trial…
18-9810 Erik Ward v. California California 2019-06-27 Denied IFP attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel procedure and dve process, Base Upon jury lacked Knowle dge of the importa nce of .My trial counsel Failed to inform me a yea deal would be for attemp…
18-9817 Deterryon Tyrell Kelly v. Texas Texas 2019-06-26 Denied IFP criminal-conviction criminal-procedure due-process evidence evidence-standard inference-stacking jackson-v-virginia legal-sufficiency speculative-evidence sufficiency sufficiency-of-evidence CAN EVIDENCE MEET THE LEGAL SUFFICIENCY STANDARD OF JACKSON V. VIRGINIA IF THE EVIDENCE RELIED UPON FOR CONVICTION IS PRIMARILY SPECULATIVE AND INFERE…
18-9795 Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2019-06-25 Denied IFP certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence WHETHER THE COURT OF APPEALS DECISION TO DENY A COA CONCLUDING THAT PETITIONER SUFFICEINCY OF EVIDENCE CLAIM WAS PROCEDURALLY DEFAULTED BASED ON STA…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the…
18-9755 Sammy Redi Araya v. United States Fourth Circuit 2019-06-21 Denied Response WaivedIFP business-records due-process fourth-circuit-review hearsay hearsay-evidence identification insufficient-evidence perjury perjury-challenge standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court compromised Mr. Araya's Constitutional Rights to a Fair Jury Trial by f…
18A1329 Travis Wade Matthews v. Pennsylvania Pennsylvania 2019-06-18 Presumed Complete criminal-conviction due-process pro-se-petition racial-identification reasonable-doubt sufficiency-of-evidence Question not identified.
18-9677 Martin Arreola Zavala v. United States Eighth Circuit 2019-06-14 Denied Response WaivedIFP acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence 1. WHETHER THIS COURT SHOULD GRANT CERTIORARI TO ADDRESS THE PROPER APPLIATION OF LAW TO FACT RELATING TO SUFFICIENCY OF THE EVIDENCE FOR QUANTITY DET…
18-9678 Binika L. Hankton v. Frederick Boutte, Warden Fifth Circuit 2019-06-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process due-process,criminal-procedure,evidence,jackson-v- evidence evidence-sufficiency fifth-amendment fourth-amendment jackson-v-virginia sixth-amendment standard-of-review sufficiency-of-evidence 1. Is a conviction constitutionally suspect when the evidence used to convict does not meet the standards of Jackson? 2. Is a conviction constitution…
18-9600 Patricia Diane Smith Sledge v. United States Ninth Circuit 2019-06-10 Denied Response WaivedIFP appellate-review criminal-procedure district-court due-process evidence-rules evidentiary-ruling federal-rules-of-evidence procedural-error sufficiency-of-evidence summary-evidence witness-tampering Did the district court prejudicially err when admitting Exhibit 1 as a summary pursuant to Fed Rules of Evidence, rule 1006? Was the evidence suffici…
18-9548 Kevin Terrell Tatum v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-06-04 Denied IFP civil-procedure-summary-judgment civil-rights due-process exculpatory-evidence ineffective-assistance-of-counsel insufficient-evidence newly-discovered-evidence recantation sufficiency-of-evidence summary-judgment witness-recantation 1. Whether Or Not The DISTRICT COURT erred And Abused Its Discretion In Granting SUMMARY JUDGMENT Against Appellant When There Patently Exist Material…
18-9510 Rasaq Aderoju Raheem v. United States Fifth Circuit 2019-06-03 Denied Response WaivedIFP appeal appellate-procedure conviction criminal-procedure defendant-conviction due-process equal-protection federal-jurisdiction fifth-circuit jurisdiction legal-review standard-of-review sufficiency-of-evidence Whether the Fifth Circuit erred by affirming Defendant's Raheem conviction.
18-9461 Antonio Tillmon v. United States Fourth Circuit 2019-05-30 Denied Response WaivedIFP conviction criminal-evidence criminal-procedure drug-distribution due-process evidence fourth-amendment fourth-circuit-review insufficient-evidence judicial-review right-to-a-fair-trial sufficiency-of-evidence undercover-agent undercover-operations I. Whether the Fourth Circuit erred by concluding that there was sufficient evidence to support Mr. Tillmon's convictions on Counts 1, 2, 48, and 49? …
18-9483 Brian Alford v. Dwight Neven, Warden, et al. Ninth Circuit 2019-05-30 Denied IFP burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence WHETHER IT IS PERMISSIBLE FOR A STATE CRIMINAL COURT TO PREDICATE FELONY MURDER LIABILITY ON AN ALLEGATION OF BURGLARY THAT LACKS SUFFICIENT BASES IN …
18-9445 Volvick Vassor v. Florida Florida 2019-05-28 Denied Response WaivedIFP alternate-theories constitutional-rights criminal-conviction criminal-procedure due-process equal-protection griffin-v-united-states jury-instructions sufficiency-of-evidence yates-v-united-states DOES THE HOLDING IN GRIFFIN V UNITED STATES, 502 U.S. 46, 112 S.CT 466 (1992), WHICH MODIFIED YATES V. UNITED STATES, 354 U.S. 298, 77 S.CT 1064 (1957…
18-9303 Larry Ray Lincks v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta…
18-1383 James M. Hale v. United States Armed Forces 2019-05-03 Denied Response Waived 10-usc-802 court-martial court-martial-jurisdiction general-verdict judicial-deference jurisdictional-defects jurisdictional-limits legal-sufficiency military-discipline military-discipline-jurisdiction military-law overt-acts plain-error rostker-v-goldberg sufficiency-of-evidence weiss-v-united-states 1. Whether the Court of Appeals erred in relying on factual sufficiency of the evidence to resolve a question of plain error, where the alleged error …
18-9074 Aaron Francois v. Darrel Vannoy, Warden Fifth Circuit 2019-05-01 Denied Response WaivedIFP 14th-amendment 6th-amendment civil-rights constitutional-rights conviction-challenge criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel louisiana-constitution sufficiency-of-evidence trial-error Whether the evidence established that the murder and underlying felony of armed robbery formed part of a continuous transaction without a significant …
18-1359 William Shannon Gresham v. Tennessee Tennessee 2019-04-29 Denied Response Waived acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence (1) Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's …
18-8869 Jesse Davenport, aka Draco John Flama v. United States Ninth Circuit 2019-04-17 Denied Response WaivedIFP child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence 1. Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an "error" under the plain error t…
18-8842 Michael Demon Nixon v. United States Fifth Circuit 2019-04-16 Denied Response WaivedIFP commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana I. Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is …
18-8843 John Leroy Milne v. United States Tenth Circuit 2019-04-16 Denied Response WaivedIFP criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence Mr. Milne was convicted, in separate counts, of conspiracy to possess and knowingly possessing with intent to distribute more than 100 kilograms of ma…
18-8858 Aspen Warren v. Texas Texas 2019-04-16 Denied IFP criminal-procedure due-process evidence-sufficiency jury-unanimity manner-and-means murder murder-conviction state-criminal-law state-statutes statutory-interpretation sufficiency-of-evidence IN A MURDER CASE WHERE UNDER STATE STATUTES A JURY NEED NOT BE UNANIMOUS AS TO MANNER AND MEANS AND ARE ALLOWED TO CHOOSE FROM THREE SEPARATE MANNER A…
18-8773 Emmanuely Germain v. United States Eleventh Circuit 2019-04-10 Denied IFP criminal-procedure criminal-procedure-error essential-elements harmless-error jurisdiction jury-instructions statutory-interpretation sufficiency-of-evidence uncharged-offense venue venue-error 1. Is the error of omission of an essential element of an offense from jury instructions rendered harmless by the sufficiency of evidence to support a…
18-8681 Jamal James Carmouche v. Jason Kent, Warden Fifth Circuit 2019-04-03 Denied Response WaivedIFP constitutional-rights criminal-conviction criminal-procedure due-process evidence-sufficiency fifth-circuit-error ineffective-assistance ineffective-assistance-of-counsel judicial-review malicious-prosecution standard-of-review sufficiency-of-evidence trial-counsel trial-record Whether there was sufficient evidence to convict Mr. Carmouche of a crime? Did the Fifth Circuit err in deferring to the State Court findings that Mr…
18-8644 Emanuel L. Finch, Sr. v. Bradley Graham, et al. Ninth Circuit 2019-04-01 Denied Response WaivedIFP confrontation-clause confrontation-clause,compulsory-process,miranda-ri consent-to-search constitutional-rights criminal-procedure due-process fair-trial materiality-of-false-testimony miranda-rights sixth-amendment sufficiency-of-evidence weight-of-evidence Whether it is a question of Law for the Supreme Court of the United States to determine the conduct complained of? Whether the Petitioner have a Cons…
18-8651 Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2019-04-01 Denied IFP actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Cir…
18-1254 Jeremiah L. King v. United States Armed Forces 2019-03-28 Denied Response Waived child-pornography criminal-conviction criminal-procedure due-process evidentiary-facts fifth-amendment permissive-inference search-terms sufficiency-of-evidence Whether the Court of Appeals relied upon permissive inferences that violated the Due Process Clause of the Fifth Amendment in finding Petitioner's con…
18-8578 DeMarius L. Williams v. Illinois Illinois 2019-03-26 Denied IFP 4th-amendment civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief prosecutorial-misconduct search-and-seizure sufficiency-of-evidence Was petitioner guilty of unlawful possession with intent to deliver a controlled substance proved or not proved beyond reasonable doubt where he posse…
18-8494 Alberto Sostre-Cintron v. United States First Circuit 2019-03-21 Denied Response WaivedIFP 18-USC-371 18-usc-641 conspiracy conspiracy-18-usc-371 criminal-conspiracy criminal-law district-court-proceedings morissette-standard morissette-v-united-states parties-to-the-proceedings statutory-provisions sufficiency-of-evidence theft-of-government-property theft-of-government-property-18-usc-641 Whether there was sufficient evidence to support Alberto Sostre-Cintron's conviction of conspiracy pursuant to 18 U.S.C. §371. Whether there was suff…
18-8392 Obinna Obiora v. United States First Circuit 2019-03-13 Denied Response WaivedIFP constitutional-law controlled-substance criminal-procedure drug-conspiracy due-process jackson-standard jackson-v-virginia reasonable-doubt sufficiency-of-evidence 1. When the evidence that links a defendant to a charged drug conspiracy is based on his participation in an isolated series of alleged transactions w…
18-8391 Nam Nhat Ngo v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP bank-robbery categorical-approach circuit-split criminal-definition criminal-law double-jeopardy due-process federal-jurisdiction judicial-discretion legal-interpretation sentencing statutory-construction statutory-interpretation sufficiency-of-evidence Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate…
18-8394 Asim Shakir Daniels v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP bank-robbery categorical-approach circuit-split criminal-definition criminal-law due-process equal-protection federal-crime federal-jurisdiction judicial-interpretation legal-interpretation sentencing statutory-interpretation sufficiency-of-evidence Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate…
18-8366 Anthony Eudean Woollis v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP child-pornography constitutional-limits criminal-sanctions due-process federal-criminal-law interstate-commerce plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana I. Whether 18 U.S.C. § 2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecifi…
18-8280 Darrell J. Williams v. Cecilia Reynolds, Warden Fourth Circuit 2019-03-05 Denied Response WaivedIFP blakely-v-washington circumstantial-evidence due-process fifth-circuit jackson-v-virginia reasonable-doubt sentencing sufficiency-of-evidence Question not identified.
18-8244 Justin Keith Cornell v. Virginia Virginia 2019-03-04 Denied Response WaivedRelisted (2)IFP actus-reus appellate-review cause-of-death circumstantial-evidence criminal-agency criminal-conviction due-process jury-standard mens-rea reasonable-doubt second-degree-murder sufficiency-of-evidence As a result of state court proceedings, the Commonwealth of Virginia obtained a conviction before a jury for second-degree murder against Justin Corne…
18-8266 Tamim Abdul-Samad, aka Tamin Abdul-Samad, aka Brandon Harris v. United States Ninth Circuit 2019-03-04 Denied Response WaivedIFP 18-usc-924c 924(c) bank-robbery career-offender categorical-approach courts-of-appeals criminal-law federal-bank-robbery federal-crime intimidation legal-definition statutory-interpretation sufficiency-of-evidence Can the courts of appeals define the crime of federal bank robbery differently for purposes of a sufficiency-of-the-evidence challenge than for a cate…
18-8179 Keith Dwayne Lewis v. Warren L. Montgomery, Warden Ninth Circuit 2019-02-28 Denied IFP 28-usc-2254 civil-rights due-process habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sentencing state-criminal-conviction sufficiency-of-evidence WHETHER A STATE CRIMINAL CONVICTION SHOULD STAND WHEN A STATE HAS INCORRECTLY CONCLUDES THE SUFFICIENCY OF EVIDENCE TO SUPPORT THE CONVICTION OF AIDIN…
18-8132 Anthony D. Phillips v. Bonita Hoffner, Warden Sixth Circuit 2019-02-26 Denied Response RequestedResponse WaivedRelisted (2)IFP adjudication-on-the-merits AEDPA aedpa-standards constitutional-error due-process evidence-sufficiency ineffective-assistance-of-counsel jackson-v-virginia plain-error plain-error-review sixth-amendment sufficiency-of-evidence During Petitioner Anthony D. Phillips state appellate court proceedings., the appellate panel addressed several constitutional errors and determined t…
18-8074 Javonte T. Morgan v. Louisiana Louisiana 2019-02-22 Denied Response WaivedIFP challenge-for-cause civil-procedure civil-rights constitutional-law criminal-procedure due-process evidence fair-trial judicial-proceedings jury-selection peremptory-challenges standard-of-review standing sufficiency-of-evidence Did Louisiana Courts err in denying Javonte Morgan's right to a fair trial and subsequent review when rejecting claims involving Conflicting Decisions…
18-8067 Arthur Nop Lew v. California California 2019-02-21 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process jury-instructions jury-trial self-defense sufficiency-of-evidence sufficiency-of-the-evidence trial-by-jury In aggravated assault prosecutions where self-defense is at issue, California juries are instructed that state law requires only a danger of a battery…
18-7973 Jaime Villa v. United States Ninth Circuit 2019-02-14 Denied Response WaivedIFP bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence I. Whether There Was Insufficient Evidence To Prove Villa Guilty Beyond A Reasonable Doubt? II. Whether Armed Bank Robbery Constitutes A Crime Of Vio…
18-1049 Peter M. Hoffman, et al. v. United States Fifth Circuit 2019-02-11 Denied Amici (3) criminal-law-fraud criminal-procedure criminal-procedure-acquittal criminal-procedure-burden-of-proof criminal-procedure-sufficiency-of-evidence due-process evidence evidentiary-standard jackson-v-virginia judgment-of-acquittal mail-fraud prosecutorial-burden regulatory-ambiguity standard-of-review sufficiency-of-evidence wire-fraud 1. Whether a federal court must grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, …
18-7808 Michael Duane Wilson v. Robert LeGrand, Warden, et al. Ninth Circuit 2019-02-07 Denied Response WaivedIFP appellate-review claim-splitting due-process exhaustion-of-remedies federal-courts federal-habeas habeas-corpus judicial-review legal-standard ninth-circuit post-conviction state-courts sufficiency-of-evidence Whether the United States Court of Appeals for the Ninth Circuit Erred in Sanctioning the Ability of Courts to Refashion a Habeas Claims into Various …
18-7780 Joseph Lemoine v. Darrel Vannoy, Warden Fifth Circuit 2019-02-06 Denied Response WaivedIFP burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond a reasonable doubt, every essential element of the off…
18-7713 Darnell Grimsley v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-02-01 Denied Response WaivedRelisted (2)IFP ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-default prosecution-misconduct prosecutorial-misconduct sequestration sequestration-order sufficiency-of-evidence trial-testimony violation-of-sequestration-order Mr. Grimsley alleges that his trial counsel was ineffective for failing to have a face to face visit prior to his second trial, after receiving crucia…
18-7313 Lewis Templeton v. United States Tenth Circuit 2019-01-08 Denied Response WaivedIFP criminal-procedure drug-crimes firearms sentencing spatial-connection sufficiency-of-evidence u.s.s.g.-2k2.1(b)(6)(b) waiver Whether the Tenth Circuit correctly concluded that Mr. Templeton had waived his argument that the evidence was insufficient to support increasing Mr. …
18-7270 Antonio Bryant v. Illinois Illinois 2019-01-07 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process in-re-winship ineffective-assistance ineffective-assistance-of-counsel involuntary-confessions involuntary-statements people-v-bryant standard-of-proof sufficiency-of-evidence I). Whether the Illinois Appellate Court's decision in People v. Bryant. 2o18 IL App (50) I43578-U. is contradictory tothis Court's decision sufficien…
18-7183 Christopher Jude Martin v. United States Ninth Circuit 2018-12-27 Denied Response WaivedIFP consequential-damages criminal-law criminal-valuation damages enhancements evidence legal-damages property-damage restitution restitution-order sufficiency-of-evidence valuation A. Whether there was sufficient evidence that the value of the items at the time that Mr. Martin damaged them was over $1,000? B. Whether Mr. Martin …
18-7167 Cornelius Tyrone Kirsh v. Louisiana Louisiana 2018-12-26 Denied Response WaivedIFP aggravated-flight burden-of-proof criminal-procedure double-jeopardy due-process habitual-offender insufficient-evidence involuntary-statements reasonable-doubt sufficiency-of-evidence Whether reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kirsh Is guilt Reasona…
18-7110 James M. Flinn v. Mike Parris, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence (1) Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause of the Fourteenth Amendment when, pursuant …
18-7074 Gennaro Mattiaccio v. United States Fourth Circuit 2018-12-18 Denied Response WaivedIFP civil-rights criminal-procedure double-jeopardy due-process jurisdiction prosecutorial-misconduct sentencing sufficiency-of-evidence 1. The convictions on Count two must be vacated because the evidence at trial was insufficient to establish guilt and also conflicts with the law of o…
18-7050 Javier Portillo v. United States Ninth Circuit 2018-12-17 Denied Response WaivedIFP border-crossing border-search criminal-evidence criminal-procedure drug-trafficking due-process evidence jury knowledge-standard mens-rea narcotics-possession ninth-circuit standard-of-proof sufficiency-of-evidence trial-sufficiency Whether the Ninth Circuit's analysis of the facts was inadequate and whether, when the entirety of facts presented at trial was considered, there was …
18-6976 Joseph Lochuch Ewalan v. Washington Washington 2018-12-10 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon This Courts precedent in United States V. Di xon, 509 U.S. 698 (1993) reached the question of whether a criminal defendant is entitled to a lesser -in…
18-6910 Elseddig Elmarioud Musa v. United States Ninth Circuit 2018-12-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-sufficiency fraud-allegations judicial-discretion jury-instructions motion-for-acquittal prosecutorial-misconduct rule-29-motion sufficiency-of-evidence I. Whether The District Court Improperly Denied Musa's Rule 29 Motion Because The Government Did Not Properly Present The Case To The Jury And Left Ma…
18-6917 Rodolfo Portela v. United States Eleventh Circuit 2018-12-04 Denied Response WaivedIFP appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence 1. Whether The District Court, Erred When It Found That There was Sufficient Evidence That the Appellant had Committed the Acts Alleged in Count I, Co…
18-6828 Gregg Thomas v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-law constitutional-rights criminal-procedure effective-assistance-of-counsel sixth-amendment sufficiency-of-evidence trial-counsel Was the evidence sufficient to sustain Petitioner's convictions, and was Petitioner denied his Sixth Amendment Right under the United States Constitut…
18-6697 Kevin Marquette Bellinger v. United States Fourth Circuit 2018-11-14 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence federal-jurisdiction jury jury-instructions malice-aforethought mens-rea murder murder-conviction statutory-interpretation sufficiency-of-evidence Whether there was sufficient evidence presented to the jury in Bellinger's case to convict Bellinger of murder as alleged in Counts One and Two, where…
18-6703 David Richard Trimble v. Darrel Vannoy, Warden Fifth Circuit 2018-11-14 Denied Response WaivedIFP aggravated-rape Confrontation-Clause criminal-procedure cross-examination due-process fourteenth-amendment ineffective-assistance Ineffective-assistance-of-counsel jackson-v-virginia sixth-amendment Statute-of-limitations sufficiency-of-evidence Reasonable jurists would find it debatable whether the evidence was insufficient to find David Trimble guilty of four counts of Aggravated Rape beyond…
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony 1-Petitioner alleges that his trial counsel was ineffective by allowing testimony and evidence to be presented to the jury in violation of the Confron…
18-6538 Steven Bernard Sydnor v. Kevin Hampton, Warden Sixth Circuit 2018-11-01 Denied IFP 14th-amendment 5th-amendment criminal-procedure custodial-interrogation due-process fair-trial jackson-v-virginia miranda-rights miranda-warning sufficiency-of-evidence Claim 1. Whether defendant's Constitution 5th and 14th Amendment rights were violated by the trial court denial of defendant's Motion to Suppress stat…
18-6464 Frank Ralph LaPena v. George Grigas, et al. Ninth Circuit 2018-10-26 Denied Response WaivedIFP contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, …
18-6415 Amalya Cherniavsky, aka Amalya Surenovna Yegiyan v. United States Ninth Circuit 2018-10-25 Denied Response WaivedIFP circuit-split criminal-procedure district-court due-process jury-instruction jury-instructions sentencing standard-of-review sua-sponte sufficiency-of-evidence theory-of-defense trial-procedure Under what circumstances must a district court sua sponte instruct the jury on a theory of defense presented and relied upon at trial where the theory…
18-6372 Michael Small v. Cherry Lindamood, Warden Sixth Circuit 2018-10-18 Denied Response WaivedIFP appellate-review constitutional-challenge due-process evidentiary-ruling federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel judicial-discretion procedural-default procedural-rules sentencing state-court sufficiency-of-evidence Whether the United States Court of Appeals erred when it agreed with the district court "that the claim of ineffective assistance of counsel was witho…
18-6341 John William Lieba, II v. United States Ninth Circuit 2018-10-16 Denied Response WaivedIFP appeal appellate-review burden-of-proof criminal-conviction criminal-procedure due-process evidence jury legal-standard standard-of-review sufficiency-of-evidence WHETHER, SUFFICIENT EVIDENCE EXISTED TO CONVICT MR. LIEBA?
18-6298 Robert Alan Fratta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-11 Denied Relisted (2)IFP capital-punishment civil-rights constitutional-rights constructive-amendment due-process fatal-variance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-review miscarriage-of-justice pro-se-representation right-to-counsel standing sufficiency-of-evidence *** CAPITAL CASE IS IT UNCONSTITUTIONAL FOR A U.S. COURT OF APPEALS TO ACCEPT, SANCTION OR MAKE DECISIONS THAT: ALLOW STATE COURTS 110 REFUSE TO. ACCE…
18-6180 Brian Deronceler v. United States Eleventh Circuit 2018-10-02 Denied Response WaivedIFP appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED DERONCELER'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT DER…
18-6006 Gerson Gonzalez Tovar v. United States Fifth Circuit 2018-09-17 Denied Response WaivedIFP child-pornography constitutional-limits criminal-law criminal-sanctions criminal-statute due-process interstate-commerce plain-error plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana I. Whether 18 U.S.C. §2251 authorizes conviction upon proof that materia ls used to produce child pornog raphy once crosse d state lines at an unspeci…
18-5999 Joe Litton Bailey v. Louisiana Louisiana 2018-09-14 Denied IFP criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence 1) in this case, the responding police officer failed to preserve the alleged crime scene. There are no photos of the vehicle, the broken window, or o…
18-5972 Assane Faye v. United States Third Circuit 2018-09-13 Denied Response WaivedIFP burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra…
18-5885 Kenneth Kennedy Shannon v. United States Fourth Circuit 2018-09-05 Denied Response WaivedRelisted (2)IFP criminal-procedure drug-trafficking due-process evidence heroin-quantity motion-for-acquittal motion-for-new-trial motion-to-suppress search-and-seizure sentencing sufficiency-of-evidence title-iii-wiretap verdict-acquittal 1. Did the trial court err in denying the Petitioner's Motion for Verdict of Acquittal and for New Trial, because the evidence taken in the light most…
18-5806 Edwin David Corbett v. Washington Washington 2018-08-29 Denied IFP criminal-procedure due-process habeas-corpus insufficient-evidence jackson-v-virginia post-conviction-relief statute-of-limitations sufficiency-of-evidence time-limitation This Court's precedent in Jackson v. Virginia, 443 U.S. 307 (1979), and Sanders v. U.S., 373 U.S. 1 (1963), controls as follows: 1. The alleged victi…
18-5804 Abdoulaye Diallo v. United States Third Circuit 2018-08-28 Denied Response WaivedIFP criminal-procedure due-process evidence fraud indictment-delay insufficient-evidence loss-calculation motion-for-acquittal prosecutorial-misconduct reasonable-doubt sentencing snap-fraud statutory-interpretation sufficiency-of-evidence I.- Whether the District Court failed where did not granted his motion for acquittal because the Government failed to produce sufficient evidence to s…
18-200 Michigan v. Charles Damon Jones Michigan 2018-08-15 Denied Response Waived appellate-review criminal-procedure double-jeopardy due-process inconsistent-verdicts judicial-discretion jury-confusion jury-instructions jury-nullification jury-verdict jury-verdicts legal-standard new-trial sufficiency-of-evidence trial-procedure verdict-inconsistency Irreconcilable jury verdicts are not grounds for relief, and courts are not to speculate as to why a jury returned an inconsistent verdict. Respondent…
18-5592 Oscar Madrid v. Darrel Vannoy, Warden Fifth Circuit 2018-08-15 Denied IFP 14th-amendment civil-procedure civil-rights conflict-of-interest criminal-procedure due-process exhaustion exhaustion-of-remedies fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress state-court sufficiency-of-evidence Question 1: Whether The Court Erred Finding Claim One - Three where not Exhausted To The State's Highest Court In Violation Of The Fourteenth Questio…
18-5604 Joe Fidel Flores v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-15 Denied Response WaivedIFP criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas…
18-5540 Darnell Rush v. Randee Rewerts, Warden Sixth Circuit 2018-08-14 Denied Response WaivedIFP appeal appellate-review criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel jury-instructions motion-for-new-trial sufficiency-of-evidence Is Defendant-Appeallant Entied Fo A New Trial where The Trial lourt Erred In Faiing To Suppress His Statement ? Is Defendant-Appeallant Entited to is…
18-5482 Jose Guadalupe Zepeda-Ramirez v. United States Ninth Circuit 2018-08-07 Denied Response WaivedIFP aiding-and-abetting conspiracy due-process fifth-amendment marijuana-distribution motion-for-acquittal possession-with-intent-to-distribute presumption-of-innocence sufficiency-of-evidence 1. Whether the Presumption of Innocence and Fifth Amendment's Right to Due Process are violated when the district court denies a motion for acquittal …
18-5412 Robert Eugene Johnson, Jr. v. Virginia Virginia 2018-08-01 Denied IFP appellate-review civil-procedure conviction criminal-procedure due-process equal-protection evidence standard-of-review sufficiency-of-evidence 1) Cvr re \e.S* rc\c e.-e \j.. oLeiy t'o e. \
18-5338 DeLawrence A. King v. Ronald Erdos, Warden Sixth Circuit 2018-07-25 Denied IFP certificate-of-appealability constitutional-rights due-process ineffective-assistance mens-rea procedural-default prosecutorial-misconduct self-defense sufficiency-of-evidence Did the Sixth Circuit Court error when it failed to grant Petitioner a Certificate Of Appealability after previously ruling in his favor, by stating t…
18-5324 Anastasio N. Laoutaris v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-1030 criminal-procedure criminal-procedure-due-process due-process evidence fifth-circuit ineffective-assistance-of-counsel ineffective-counsel jackson-v-virginia judgment-of-acquittal malicious-code perjury perjury-standard reasonable-doubt sentencing strickland-standard sufficiency-of-evidence Has the Fifth Circuit erred and its decision is in conflict with this Court's holding in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d …
18-5304 Raymond Sanchez Lopez v. United States Fifth Circuit 2018-07-20 Denied Response WaivedIFP child-pornography commerce-clause constitutional-limits criminal-law criminal-sanctions due-process interstate-commerce plain-error-review statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana I. Whether 18 U.S.C. §2252A(5)(B) authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an uns…
18-5273 Davian Wilson v. United States Fifth Circuit 2018-07-18 Denied Response WaivedIFP authentication criminal-procedure criminal-procedure-sufficiency-of-evidence criminal-trial evidence-authentication federal-criminal-procedure federal-jurisdiction guilty-verdict jury-verdict native-american reasonable-jury sentencing-disparities sentencing-disparity standard-of-review sufficiency-of-evidence 1) Whether the district court erred by finding that the prosecution produced sufficient evidence at trial for a reasonable jury to return a guilty ver…
18-5212 Markentz Blanc v. United States Eleventh Circuit 2018-07-11 Denied Response WaivedIFP 11th-circuit 4th-amendment 5th-amendment 6th-amendment appellate-review circuit-court criminal-procedure criminal-procedure-flight-instructions district-court due-process elements flight-instructions prejudice prior-decisions sufficiency-of-evidence wiretap wiretap-evidence Did the Eleventh circuit's panels conclusion that the District court did not err in allowing the flight instructions be brought to the jury as it was …
18-5161 Marvin Waddleton, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-06 Denied Relisted (2)IFP aedpa burden-of-proof constitutional-review criminal-procedure due-process jackson-standard plain-error pro-se right-to-counsel state-court-review statutory-interpretation sufficiency-of-evidence The plain error of the State of Texas Appeals Courts on direct collateral review. The use of Jackson standard of view in the light most favorable to t…
18-5007 David Lemoe Tua v. California California 2018-07-02 Denied Response WaivedIFP criminal-procedure due-process fair-trial gang-enhancement insufficient-evidence prosecutorial-misconduct severance sufficiency-of-evidence trial-severance Whether the state court's refusal to sever Petitioner's trial from that of his codefendant and refusal to sever the gang enhancement allegations viola…
18-5028 Carolyn J. Edlind v. United States Fourth Circuit 2018-06-28 Denied Response WaivedIFP 18-usc-1512 corrupt-persuasion criminal-intent criminal-law criminal-procedure due-administration-of-justice due-process obstruction-of-justice official-proceeding statutory-interpretation subversion-of-justice sufficiency-of-evidence testimony witness-tampering Appellant was indicted for witness tampering under 18 U.S.C. § 1512(b)(1), which states someone is guilty if they "knowingly use intimidation, threate…