| 24A483 |
Samuel Boima v. United States |
Second Circuit |
2024-11-15 |
Dismissed |
|
appellate-review constitutional-challenge fourth-amendment guilty-plea search-and-seizure suppression-of-evidence |
Question not identified. |
| 24A130 |
Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale |
Third Circuit |
2024-08-05 |
Granted |
|
constitutional-validity criminal-procedure ineffective-assistance plea-of-guilt pro-se suppression-of-evidence |
Question not identified. |
| 23-7622 |
Angel Luis Concepcion-Rosario v. United States |
Third Circuit |
2024-06-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure district-court-error due-process exclusionary-rule impeachment judgment-of-acquittal miranda-rights motion-for-mistrial physical-evidence sentencing suppression-of-evidence |
1. Did the district court error in not suppressing the physical evidence and the statement?
2. Did the district court error in not granting the petit… |
| 23-6468 |
Omar A. Rahman v. Pennsylvania |
Pennsylvania |
2024-01-11 |
Denied |
Response WaivedIFP |
constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony |
Whether the Pennsylvania Superior Court's decision, affirming the denial of Petitioner's suppression of physical evidence claim, conflicts with the de… |
| 23-6404 |
Jamar Hunter v. United States |
Third Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-review constitutional-law constitutional-violation criminal-procedure exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence |
1. Was the Third Circuit's reversal of Petitioner's suppression of
evidence in violation of the Fourth Amendment of the United States
Constitution? |
| 23-6319 |
Lacarl Dow v. United States |
Ninth Circuit |
2023-12-21 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights constitutional-rights due-process evidence-suppression fourth-amendment franks-hearing probable-cause suppression-of-evidence warrant-application |
(1) Did the affiant officer intentionally or recklessly make false or misleading statements or omissions in support of the warrant?
(2) Was the false… |
| 23-6257 |
Randall Scott Jordan v. Texas |
Texas |
2023-12-14 |
Denied |
IFP |
brady brady-violation criminal-history due-process impeachment ineffective-assistance sixth-amendment suppression-of-evidence witness-credibility witness-impeachment |
No. 1
Randall Scott Jordan/petitioner/ contends that external impediments,(State's w
witness,(Galvan) extensive violent criminal history and gang aff… |
| 23-6193 |
Steven Vincent Smith v. United States |
Eleventh Circuit |
2023-12-07 |
Denied |
Response WaivedRelisted (2)IFP |
brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search |
Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab… |
| 23A492 |
George Willie Rios v. Arizona |
Arizona |
2023-11-30 |
Presumed Complete |
|
constitutional-rights criminal-procedure interrogation miranda-warning right-to-counsel suppression-of-evidence |
Question not identified. |
| 23-5251 |
Mark Edwin Guida v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-08-01 |
Denied |
IFP |
4th-amendment 5th-amendment cell-phone-evidence criminal-procedure exclusionary-rule fourth-amendment illegal-search probable-cause search-and-seizure suppression-of-evidence warrant-requirement |
I.
WAS EVIDENCE PRESENTED AT A TRIAL FOR MURDER SUBJECT TO THE
EXCLUSIONARY RULE, WHERE SAID EVIDENCE WAS THE RESULT OF AN
ILLEGAL SEARCH OF THE DEFEN… |
| 23A63 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-24 |
Denied |
|
brady-violation due-process-clause habeas-corpus impeachment-evidence prosecutorial-misconduct suppression-of-evidence |
Whether the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), and the Due Process Clause of the Fourteenth Amendment by withholding material… |
| 23-5158 |
Martice Deshawn Wallace v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus suppression-of-evidence witness-testimony |
Question not identified. |
| 22-7712 |
Gustavo Xavier v. Patricia Thompson, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2023-06-05 |
Denied |
IFP |
coerced-confession due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice murder-weapon right-to-effective-counsel suppression-of-evidence third-circuit-review trial-counsel |
Mr. Xavier alleged that his trail counsel was ineffective for failing to conduct any type of investigation before advising him to take a plea of the m… |
| 22-7520 |
Levaughn Collins v. United States |
Seventh Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment appellate-review criminal-procedure fifth-amendment fourth-amendment motion-to-suppress statutory-interpretation suppression-of-evidence wiretap-evidence wiretapping |
Whether the District Court erred in its two decisions, on August 16, 2018, R. 546 and Hrg. Tr. I; and January 22, 2019, R. 625 and Hrg. Tr. II, denyin… |
| 22-6525 |
Keith D. Arline, Jr. v. California |
California |
2023-01-11 |
Denied |
Relisted (2)IFP |
brady-claim constitutional-rights criminal-procedure due-process evidence-suppression exculpatory-evidence material-evidence prosecutorial-misconduct suppression-of-evidence williams-v-traylor |
1) WHETHER THE CALIFORNIA SUPREME COURT RENDERED A DECISION IN VIOLATION OF THE LAW OF THE UNITED STATES SUPREME COURT AS PRONOUNCED IN BRADY V. MARYL… |
| 22-6174 |
Porfirio Duarte-Herrera v. Brian Williams, Warden, et al. |
Ninth Circuit |
2022-11-30 |
Denied |
Response WaivedIFP |
co-defendant-severance constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel jury-instructions ninth-circuit-review severance suppression-of-evidence trial-procedure |
1. Did the Ninth Circuit err when Mr. Duarte-Herrera made a substantial showing of the denial of a constitutional right as to the inability to present… |
| 22-5273 |
Bradley Beauchamp v. United States |
Fourth Circuit |
2022-08-03 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process evidence-suppression exclusionary-rule illegal-traffic-stop reasonable-suspicion search-and-seizure sentencing-enhancement suppression-of-evidence traffic-stop venue-violation |
1. Whether the District Court caused reversible error by not suppressing evidence obtained by an illegal traffic stop where the officer lacked articul… |
| 21-5660 |
Kevin McBride v. Florida |
Florida |
2021-09-14 |
Denied |
Response WaivedIFP |
civil-rights due-process evidence-suppression false-conviction police-misconduct presumption-of-innocence prosecutorial-misconduct suppression-of-evidence wrongful-conviction |
When fraudulent police reports deceive the lower court into a false conviction, shouldn't the fraud precede the false conviction and be overturned imm… |
| 20-8127 |
Guillermo Martinez-Torres v. United States |
Tenth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
4th-amendment admissibility-of-evidence burden-of-proof circuit-split evidence-suppression exclusionary-rule fourth-amendment illegal-search suppression-of-evidence |
Once a Fourth Amendment violation is established, does the defendant have the burden to prove the violation was the "but for" cause of the subsequent … |
| 20-6487 |
Andrew Johnston v. United States |
Seventh Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge sentencing suppression-of-evidence |
Question not identified. |
| 20-6161 |
Joey Lamont Brunson v. United States |
Fourth Circuit |
2020-10-29 |
Denied |
Relisted (2)IFP |
criminal-procedure evidence-suppression exclusionary-rule fourth-amendment legal-insufficiency statutory-interpretation suppression-of-evidence surveillance-law wiretap-order wiretapping |
Is a wiretap order, which fails to specify the name of the person who authorized the application for such order, insufficient on its face thereby requ… |
| 20-5972 |
John Garrett Smith v. Ronald Hayes, Superintendent, Stafford Creek Correctional Center |
Ninth Circuit |
2020-10-09 |
Denied |
IFP |
4th-amendment 5th-amendment criminal-procedure search-and-seizure standing suppression-of-evidence |
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cUa^e ujluLix ^Zu>_ aroSn^-'*^ 'jv2'^*" 2 sr'(fu,'^l
<^e, <^.0OOlujuZir (ok. video looMr^
cMi^^ P… |
| 20-5639 |
TJ Cain, aka Thomas J. Cain v. United States |
Tenth Circuit |
2020-09-09 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure involuntary-confession miranda-rights plain-error pretrial-motion suppression-of-evidence |
When a criminal defendant does not timely file a pretrial motion raising a claim covered by Federal Rule of Criminal Procedure 12(b)(8), is his claim … |
| 20-5606 |
Keith A. Brown v. Alberto Ramirez |
Ninth Circuit |
2020-09-08 |
Denied |
Response WaivedIFP |
burden-of-proof certificate-of-appealability constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment incompetent-defendant motion-to-suppress suppression-of-evidence |
During a hearingr.ori: a Motion to Suppress Evidence, when
the State fails to carry it's burden of proof, is the
remedy suppression of the evidence?… |
| 20-5568 |
Alex Alberto Castro v. United States |
Sixth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
4th-amendment appellate-review criminal-procedure evidence-law exclusionary-rule fourth-amendment motion-to-suppress search-and-seizure suppression-of-evidence wiretap-suppression wiretaps |
Whether the Court of Appeals erred in affirming the District Court's Order denying the defense motion to suppress wiretaps. |
| 20-5137 |
Antoine Dewayne Myles v. United States |
Fourth Circuit |
2020-07-23 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial impartial-tribunal judicial-bias pre-sentencing pro-se-representation self-representation suppression suppression-of-evidence wire-tap-interception |
1. Whether the district court violated the defendants Due Process right to a fair in an impartial, tribunal where the district court presentenced defe… |
| 20-2 |
Hector L. Valentin v. City of Rochester, New York, et al. |
Second Circuit |
2020-07-09 |
Denied |
Response Waived |
brady-rule civil-rights conflict-of-interest constitutional-bias due-process judicial-conflict judicial-ethics pro-se-litigation suppression-of-evidence |
FIRST QUESTION PRESENTED. Should the Brady Rule versus a self-decided Judicial ethical issue by a
seriously conflicted Federal Judge and involving the… |
| 19-8919 |
Scott Clevenger v. Shawn Phillips, Warden |
Sixth Circuit |
2020-07-08 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure custodial-interrogation evidence-suppression miranda-rights right-to-counsel self-incrimination suppression-of-evidence |
Whether Petitioner's self-incriminating statements that was given while he was in custodial interigation without him first being notified of his Miran… |
| 19-7734 |
Andre Dennis v. Steven Johnson, Administrator, New Jersey State Prison, et al. |
Third Circuit |
2020-02-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel interrogation miranda-rights sixth-amendment suppression-of-evidence |
Did counsel render ineffective assistance by failing to seek suppression of
Mr. Dennis' statements to police because he was not re-Mirandized followin… |
| 19-7513 |
Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2020-02-03 |
Denied |
IFP |
6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony |
Did the Virginia Supreme Court err in deciding that counsel's failure to file a motion for a Bill of Particulars so that Petitioner could clearly unde… |
| 19-7190 |
Ernesto Benavides Jr. v. Texas |
Texas |
2020-01-07 |
Denied |
IFP |
appeal collateral-review criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pretrial-motion right-to-appeal sixth-amendment suppression-of-evidence |
1. Have davied viaht +a moaninaful appeal of his mation to Suppress owidenck, under Dackson v. Denne 378 U8. 208 (1904), that oceuved prior trial ?
2… |
| 19-7035 |
Michael B. Lowry v. United States |
Eighth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
4th-amendment attenuation-doctrine burden-of-proof criminal-procedure evidence-suppression exclusionary-rule fourth-amendment search-and-seizure suppression-of-evidence |
After the police violate an individual's Fourth Amendment rights by conducting an illegal search or seizure, does the government bear the burden of pr… |
| 19-6854 |
In Re Alexander Palomarez |
|
2019-12-04 |
Denied |
Response WaivedIFP |
access-to-courts civil-procedure civil-rights coercive-interrogation constitutional-rights criminal-procedure due-process fourth-amendment habeas-corpus miranda-rights prisoner-rights standing state-court-review suppression-of-evidence |
1. Can the "Prison Mailbox Rule" announced in Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S.Ct. 2379 (1988), be applied to this case to excu… |
| 19-6573 |
Garron Gonzalez v. United States |
Eighth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
4th-amendment cell-phone cell-phone-privacy civil-rights constitutional-rights digital-evidence effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel probation probation-search search-and-seizure suppression-of-evidence unreasonable-search |
Whether the Fourth Amendment required suppression of evidence found during Warrantless interception of Cell phone?
Did the Probationer's search condi… |
| 19-513 |
Aivaras Mardosas v. Florida |
Florida |
2019-10-21 |
Denied |
Response Waived |
bare-bones-affidavit collective-knowledge-doctrine fellow-officer-rule fourth-amendment probable-cause search-warrant suppression-of-evidence |
Whether under the Fourth Amendment, the "fellow officer rule" (or the collective knowledge doctrine) can be utilized in justifying a search warrant wh… |
| 19-5248 |
Garry Randall West v. Jason Bryant, Warden |
Tenth Circuit |
2019-07-22 |
Denied |
Relisted (2)IFP |
child-pornography double-jeopardy due-process fourth-amendment free-speech miranda-rights miranda-warnings right-to-privacy search-and-seizure suppression-of-evidence |
1. IN RE: PORNGRAPHIC MATERIAL: PORN. PORNGRAPHIC PICTURES AND IMAGES:
A) Can a pornographic conviction of Possession of Child Pornography stand where… |
| 18-9771 |
Dennis William Robinson v. Ashley Moody, Attorney General of Florida, et al. |
Eleventh Circuit |
2019-06-24 |
Denied |
Response WaivedIFP |
constitutional-rights due-process effective-assistance-counsel effective-assistance-of-counsel evidence-suppression fair-trial iada-violation jury-instructions prosecutorial-misconduct speedy-trial suppression-of-evidence |
Did State Court violate Petitioner's constitutional rights to due process, to a fair and impartial trial, and to effective assistance of counsel, in t… |
| 18-9572 |
William Paul Cox, Jr. v. United States |
Ninth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls |
WHETHER PETITIONER, AN ARRESTED AND PREVIOUSLY CONVICTED FELON, HAD AN ENFORCEABLE CLAIM UNDER THE STORED COMMUNICATIONS ACT FOR SUPPRESSION OF PHONE … |
| 18-8909 |
David Lee Gentles v. United States |
Eighth Circuit |
2019-04-22 |
Denied |
Response WaivedIFP |
18-usc-1385 constitutional-violation evidence-suppression exclusionary-rule illegal-search law-enforcement-limits posse-comitatus-act search-and-seizure statutory-interpretation suppression-of-evidence |
Should a clear violation of the Posse Comitatus Act (18 U.S.C.A. § 1385), serve as foundation for suppression of fruits of the resulting illegal searc… |
| 18-1248 |
Neil C. Kienast and Braman B. Broy v. United States |
Seventh Circuit |
2019-03-26 |
Denied |
Response Waived |
child-pornography circuit-split due-process exclusionary-rule fourth-amendment good-faith-exception law-enforcement privacy-interest probable-cause search-and-seizure suppression-doctrine suppression-of-evidence warrant warrant-validity |
This Court has applied the U.S. v. Leon, 468 U.S. 897 (1984) good faith exception in a variety of cases to include a knock and announce violation (Hud… |
| 18-8402 |
Jesse Allen Dauenhauer, aka Jesse A. Dauenhauer v. United States |
Ninth Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
4th-amendment 4th-amendment,search-and-seizure,exclusionary-rule constitutional-rights criminal-procedure due-process evidence-suppression fourth-amendment search-and-seizure suppression-of-evidence washington-state-law |
Should the District Court have suppressed the evidence of firearms in the Defendant's car because the search and seizure was inadmissible under Washin… |
| 18-8307 |
Dockery Cleveland v. United States |
Sixth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
4th-amendment-search-and-seizure 6th-amendment-jury-trial appellate-review cell-phone cell-phone-search equal-protection fourth-amendment jury-selection ongoing-intrusion peremptory-challenge race-neutral-basis search-and-seizure suppression suppression-of-evidence time-limitation warrant warrant-limitation whether-defendant-must-renew-objection-to-perempto |
I. Because of the unique nature of a cell phone, the intrusion into the owner of the device will be ong oing as long as the device has the ability to … |
| 18-915 |
Gregory T. Christian v. K. A. Payne, et al. |
Fourth Circuit |
2019-01-16 |
Denied |
Response Waived |
4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search |
whether producing identification without being requested to justifies search for weapons several minutes later;
whether overt submission to and facil… |
| 18-6872 |
Seifullah Abdul-Salaam v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
aedpa brady-rule brady-v-maryland brady-violation certificate-of-appealability due-process exculpatory-evidence exhaustion-of-remedies habeas-corpus habeas-corpus-review litigation-conduct nonexhaustion-defense state-post-conviction suppression-of-evidence |
1. Post-AEDPA, can a nonexhaustion defense be deemed expressly waived based on a party's litigation conduct, where the Commonwealth suppressed arguabl… |
| 18-6826 |
Carlos David Caro v. United States |
Fourth Circuit |
2018-11-26 |
Denied |
IFP |
§-2255-claim bop-data brady-violation criminal-procedure-brady death-penalty due-process exculpatory-evidence federal-prison government-misconduct procedural-bar sentencing sentencing-procedure suppression-of-evidence |
Whether the Fourth Circuit erred in ruling Caro was procedurally barred from raising a § 2255 claim that the Government's suppression of available exc… |
| 18-6653 |
Rolando Calderin v. Illinois |
Illinois |
2018-11-09 |
Denied |
Response WaivedIFP |
appellate-court-error appellate-review constitutional-rights constitutional-violation criminal-procedure due-process inculpatory-statements miranda-rights right-to-counsel self-incrimination suppression-of-evidence trial-court-error |
Whether Illinois Trial Court and Appellate Court erred when it failed to suppress'
Petitioner's inculpatory statements that were obtained after petit… |
| 18-5979 |
Malik Derry v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence |
A. Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated when neither a criminal defendan… |
| 18-5938 |
Mark David Bailey v. Noah Nagy, Warden |
Sixth Circuit |
2018-09-11 |
Denied |
Response WaivedIFP |
brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence |
1.) Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with… |
| 18-5535 |
Paul Lynn Schlieve v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
brady-v-maryland case-dispositive-motion due-process evidence-suppression exculpatory-evidence fifth-amendment fourth-amendment materiality prosecutorial-duty suppression-motion suppression-of-evidence |
1. Does the Prosecutor's duty to disclose exculpatory evidence pursuant to the Fifth Amendment of the United States Constitution include disclosure of… |
| 18-144 |
Keith Byron Baranski v. United States |
Eighth Circuit |
2018-07-31 |
Denied |
Response Waived |
appellate-standard brady-giglio coram-nobis due-process materiality prosecutorial-misconduct prosecutorial-suppression second-or-successive-motions second-successive-motions sentencing-reduction suppressed-evidence suppression-of-evidence witness-credibility |
After being released from custody following a conspiracy conviction, Keith Baranski challenged his conviction by filing a petition for writ of error c… |
| 18-5279 |
Jonathan Hayhoe v. United States |
Fourth Circuit |
2018-07-19 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule fourth-amendment good-faith-exception law-enforcement-conduct magistrate-powers qualified-immunity search-and-seizure suppression suppression-of-evidence void-ab-initio warrant-validity |
1. Whether conduct by law enforcement in securing a void in initio warrant in violation of the Fourth Amendment was grossly negligent, thereby preclud… |
| 18-5005 |
Lawrence Dawkins v. Stewart Eckert, Superintendent, Wende Correctional Facility |
Second Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
brady-violation conflict-between-circuits due-process fair-trial material-evidence napue-giglio napue-violation Napue/Giglio-violation suppression-of-evidence |
Is there a reasonable probability that had the Brady and Napue/Giglio violation been disclosed, the outcome of the trial would have been different?
W… |