suggestive-identification

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7298 Jonathan Wayne Daniels v. United States Eleventh Circuit 2024-04-24 Denied Response WaivedIFP criminal-procedure criminal-trial due-process eyewitness-identification hobbs-act-robbery jury-instruction jury-instructions suggestive-identification suggestive-procedure third-circuit Whether petitioner's jury was adequately "warn[ed] to take care in appraising identification evidence," in accordance with due process, where his jury…
23-6696 Anthony Daniels v. Mark Miller, Superintendent, Green Haven Correctional Facility Second Circuit 2024-02-07 Denied Response WaivedIFP due-process due-process-violation ineffective-assistance right-to-counsel sixth-amendment suggestive-identification Whether the District Court errored for denial of Petitioner's claim that the State Identification was suggestive, improper and the State Court conclus…
22-6491 Eric Romero-Lobato v. United States Ninth Circuit 2023-01-09 Denied Response WaivedIFP constitutional-error due-process eyewitness-identification gatekeeping gatekeeping-function harmless-error law-enforcement reliability reliability-standard suggestive-identification Due process prohibits any "suggestive and unnecessary identification procedure" that does not possess "sufficient aspects of reliability." Manson v. B…
21-5732 In Re Artoska Gillispie 2021-09-23 Denied IFP 4th-amendment cell-site-location-information fourth-amendment habeas-corpus ineffective-assistance misidentification personal-location-information probable-cause suggestive-identification warrant Has prejudice been shown where defense counsel (a) failed to file a motion to suppress (CSLI) (cell-site location information), and (b) failed to obje…
20-5261 Michael Fred Houston v. Texas Texas 2020-08-05 Denied IFP court-of-appeals criminal-procedure due-process eyewitness-identification identification-testimony motion-to-suppress reliability-standard suggestive-identification suggestive-procedure totality-of-circumstances witness-reliability 1) Does under the totality of the circumstance, is the in-court identification reliable even though the confrontation procedure was suggestive? 2) Di…
19-6206 Troy Davenport v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2019-10-09 Denied IFP civil-procedure due-process eyewitness-testimony fair-hearing newly-discovered-evidence photographic-identification pre-trial-hearing pre-trial-identification reasonable-juror reasonable-juror-standard standing state-court-procedure suggestive-identification Whether the state court employed procedures that did not adequately afford a full and fair hearing? Whether the material facts of the newly discovere…
19-75 James Joseph Garner v. Colorado Colorado 2019-07-15 Denied Amici (2) criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria…
19-5153 Christopher B. Ramirez v. Washington Washington 2019-07-12 Denied Response WaivedIFP aggravating-circumstance criminal-procedure due-process eyewitness-identification identification-procedure jury-instructions notice photographic-array police-misconduct sixth-amendment suggestive-circumstances suggestive-identification 1. In Perry v. New Hampshire , 565 U.S. 228, 232 (2012) the Court held the Fourteenth Amendment right to due process requires exclusion from trial an …
18-6656 Timothy Kyle Prince v. Shane Jackson, Warden Sixth Circuit 2018-11-13 Denied IFP constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification WHETHER PETITIONER WAS DENIED OF HIS SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO A FAIR TRIAL, DUE PROCESS, WHERE BOTH GREGORY AND BRENDA RUSHLOW'S IN-CO…