testimony
39 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7711 | Philong Nghia Huynh v. J. Lizarraga | Ninth Circuit | 2024-06-13 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin… |
| 23-1179 | United States, ex rel. Regie Salgado, et al. v. TruConnect, et al. | Ninth Circuit | 2024-05-01 | Denied | civil-procedure fact-issue litigation-strategy self-serving self-serving-testimony summary-judgment testimony uncorroborated uncorroborated-evidence | Whether a party's own testimony can create a fact issue to defeat summary judgment when the testimony is uncorroborated and self-serving. | |
| 23-1170 | Franck William Yao v. Tamara Yao | Missouri | 2024-04-30 | Denied | best-interest-of-child best-interest-standard child-custody civil-procedure dual-citizenship expert-witness family-law judicial-consideration state-court testimony | Whether the state courts erred in using Petitioner's dual citizenship status as consideration in their final judgment. Whether the state courts prope… | |
| 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… |
| 23-6260 | Charles E. Linder, Jr. v. Kenneth Black, Warden | Sixth Circuit | 2023-12-14 | Denied | Response WaivedIFP | constitutional-law criminal-procedure detective-testimony evidence evidentiary-objection firearm ineffective-assistance sixth-amendment testimony witness-credibility | 1. Trial counsel was ineffective in violation of his Sixth Amendment right under the US Constitution due to his failure to: (1) object to Detective Re… |
| 23-5927 | Katerin Martinez-Alberto v. United States | First Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony | 1. Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination? 2. In a multi-… |
| 23-5459 | Maurice Turner v. Administrator, New Jersey State Prison, et al. | Third Circuit | 2023-08-28 | Denied | Response WaivedIFP | co-defendant co-defendant-statements confrontation-clause criminal-procedure douglas-v-alabama due-process harmless-error pretrial-statements sixth-amendment testimony | WHETHER THE VIOLATION OF THE CONFRONTATION CLAUSE AS EXPLICATED IN DOUGLAS V. ALABAMA, 380 U.S. 415, 85 S.CT. 1074, 13 L.ED.2D 934 (1965) WAS HARMLESS… |
| 22-624 | Zafar Iqbal v. Bureau of Professional and Occupational Affairs, State Board of Medicine | Pennsylvania | 2023-01-09 | Denied | Response WaivedRelisted (2) | coerced-confession constitutional-rights due-process fifth-amendment fourteenth-amendment material-witness perjury right-to-due-process testimony | 1. Did the ruling(s), by disregarding testimony of material witness, proven to lie under oath violated petitioner 's right to due process enshrined i… |
| 22-5875 | Bryan Protho v. United States | Seventh Circuit | 2022-10-21 | Denied | Response WaivedIFP | 18-usc-3509 child-victim closed-circuit-testimony criminal-procedure district-court district-court-procedure statutory-interpretation testimony two-way-closed-circuit-television witness-testimony | Whether 18 U.S.C. § 3509 requires a district court to question a child victim on the record before to introducing the child victim 's testimony at tri… |
| 21-7610 | Terry Smith v. Florida, et al. | Florida | 2022-04-14 | Denied | Response WaivedIFP | autopsy autopsy-testimony confrontation-clause due-process evidence forensic-evidence hearsay medical-examiner sixth-amendment testimony | 1. Does Florida's practice of allowing a medical examiner to testify to an autopsy he/she did not perform violate the Confrontation Clause when the me… |
| 21-7265 | Victor L. Manns, Jr. v. Florida | Florida | 2022-03-03 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process fifth-amendment implied-waiver miranda-rights self-incrimination testimony | When a Detective Under Oath admits multipe times she did not properly Mirandarize defendant, and a Defendant testifies Miranda warnings were never giv… |
| 21-6236 | L. B. Joseph v. Illinois | Illinois | 2021-11-10 | Denied | IFP | constitutional-rights conviction-reversal criminal-procedure due-process fair-trial habeas-corpus ineffective-assistance post-conviction-relief reasonable-doubt testimony | WAS DEFENDANT GIVEN A FAIR TRIAL? WAS DEFENDANT FOUND CGUILTY BEYOND A RESONABLE DOUBT? WAS PERJURED TESTMONY GIVEN TO COVER UP THE TRUTH? WERE FAR… |
| 21-6086 | William Keith Watson v. United States | Eleventh Circuit | 2021-10-26 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment conflicting-testimony credibility deputy-testimony due-process fourth-amendment stop-and-frisk supervisory-jurisdiction suppression-hearing sworn-deposition testimony | Whether in the exercise of its supervisory jurisdiction over the United States Courts, this Court should correct the correctable injustice that occurr… |
| 21-6033 | Larry Gene Francis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-10-20 | Rehearing | Response WaivedRelisted (2)IFP | 4th-amendment constitutional-rights criminal-procedure double-jeopardy due-process exculpatory-evidence fair-trial material-facts parole-violation state-misconduct testimony | 1) An administrative parole violation hearing? 2) Is it violation of Due Process of Law, when the "preponderance of testimony as to all material fact… |
| 21-5406 | Bryson Tuesno v. United States | Fifth Circuit | 2021-08-17 | Denied | Response WaivedIFP | 6th-amendment civil-procedure constitutional-rights criminal-procedure due-process hearsay impartial-jury sixth-amendment testimony | Is it a violation of one's 6th amendment right to Impartial Jury by allowing person to contridict another person's testimony with hearsay statements? … |
| 21-5039 | Gavin Wayne Wright v. United States | Tenth Circuit | 2021-07-08 | Denied | IFP | co-conspirator-statements co-defendant criminal-conspiracy due-process entrapment false-statements federal-rules-of-evidence government-agent jury-instruction materiality testimony | I. Petitioner pointed to the Government agent's testimony about his "recruitment" role and activities for co-defendant Patrick Stein, and admitted tes… |
| 21-5016 | Salvador Acosta v. United States | Ninth Circuit | 2021-07-06 | Denied | IFP | appellate-review criminal-knowledge criminal-law drug-statutes evidence harmless-error mens-rea sentencing sentencing-enhancement testimony | 1. Whether a federal court of appeals can reject a defendant's testimony denying the requisite criminal knowledge as implausible in determining that a… |
| 20-1727 | James David O'Brien v. Securities and Exchange Commission | Second Circuit | 2021-06-15 | Denied | Response Waived | circuit-court-ruling civil-procedure federal-agency immunity legal-interpretation proffer-agreement subpoena testimony testimony-protection | Did the United States Court of Appeals for the Second Circuit err in deciding that a proponent of testimony pursuant to a proffer agreement, entered i… |
| 20-7169 | Lawrence Nunley v. Richard Brown | Seventh Circuit | 2021-02-19 | Denied | Response WaivedIFP | child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony | During the criminal trial, the prosecutor orchestrated a stunt to have a child witness write down the most critical portion of her testimony while on … |
| 20-764 | Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust | Connecticut | 2020-12-03 | Denied | due-process foreclosure foreclosure-procedure judicial-notice loan-servicer mortgage-note new-evidence procedural-defect standing standing-challenge testimony | Were the Defendants ' due process rights violated when they were not given notice of the foreclosure proceeding? Were the Defendants ' due process ri… | |
| 20-6090 | Reginald Ferguson v. United States | Sixth Circuit | 2020-10-21 | Denied | Relisted (2)IFP | civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony | 1. Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is i… |
| 19-8267 | Jon Cascella v. United States | First Circuit | 2020-04-15 | Denied | Response WaivedIFP | brady-violation confidential-informant constitutional-error due-process fifth-amendment independent-inquiry testimony uniform-practice witness-testimony | 1. Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inq… |
| 19-7653 | Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden | Tennessee | 2020-02-12 | Denied | Response WaivedIFP | 5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony | Whether the admission of the plea agreement test mony evidence, of felony murder in the Perpetration of a robbery Included Tenn 3a-12-101 Criminal att… |
| 19-7018 | Scott Ray Bishop v. United States | Tenth Circuit | 2019-12-19 | Granted | Response RequestedResponse WaivedIFP | criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony | 1. Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structura… |
| 19-6323 | Michael Taffaro v. New Jersey | New Jersey | 2019-10-21 | Denied | Response WaivedIFP | due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony | 1. WHETHER A DECISION AFFIRMING EXCLUSION OF EVIDENCE , IN THIS CASE A TRANSCRIPT, CAN BE CORRECT IF UNINFORMED AS TO THE TRANSCRIPT'S ACTUAL CONTEN… |
| 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… |
| 18-9650 | Shawn Pinson v. Texas | Texas | 2019-06-13 | Denied | IFP | civil-rights confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment standing testimony | Question not identified. |
| 18-8800 | Stephen R. Winn v. Dana Metzger, Warden, et al. | Third Circuit | 2019-04-11 | Denied | IFP | appellate-review civil-procedure civil-procedure-expert-testimony due-process evidence expert-witness fair-trial judicial-discretion testimony | Question not identified. |
| 18-8216 | Zavia L. Johnson v. United States | Third Circuit | 2019-03-01 | Denied | Response WaivedIFP | appellate-review clearly-erroneous clearly-erroneous-standard law-enforcement-officer law-enforcement-testimony scott-v-harris standard-of-review testimony video-evidence videotape videotape-evidence | Does a federal courts of appeals misapply the clearly erroneous standard of review when it upholds a district court's crediting of a law enforcement o… |
| 18-8111 | Rossahn Black v. United States | Sixth Circuit | 2019-02-22 | Denied | Response WaivedIFP | bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony | I. Whether this Court's decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 5.Ct. 2527 (2009) and Builcoming v. New Mexico, 5614 U.S. 647, 1… |
| 18-7434 | Christopher Adin Graham v. United States | Ninth Circuit | 2019-01-15 | Denied | Response WaivedIFP | 28-usc-2253 appellate-procedure certificate-of-appealability closing-argument counsel-claims due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-standard prejudice testimony | Whether the court of appeals correctly denied petitioner a certificate of appealability under 28 U.S.C. 2253(c) on his ineffective assistance of couns… |
| 18-7324 | Roberto Gil v. Florida | Florida | 2019-01-09 | Denied | IFP | arrest confidential-informant contingent-fee due-process forfeiture fourteenth-amendment law-enforcement testimony | Whether a confidential informant's contingent fee arrangement with police - earning twenty percent only in the event of arrest, forfeiture, and favora… |
| 18-7190 | Zachary Q. Wicks v. Jon H. Radnothy, et al. | Florida | 2018-12-27 | Denied | IFP | appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court | 1. Did the trial court deny Petitioner's due process rights, guaranteed under the Fourteenth Amendment of the Constitution of the United States and un… |
| 18-6824 | Martavious Detrel Banks Keys v. United States | Fifth Circuit | 2018-11-26 | Denied | Response WaivedIFP | 349 U.S. 81 (1955) on double-jeopardy bell-v-united-states congressional-intent criminal-procedure double-jeopardy fifth-amendment law-enforcement mens-rea multiple-punishments single-statute testimony | I. This Court should grant certiorari in this case to answer to resolve a division in the case law and an important question of double jeopardy jurisp… |
| 18-6305 | Igor Polshyn v. United States | Eleventh Circuit | 2018-10-12 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony | 1. Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutio… |
| 18-5242 | Kenneth Martin, Jr. v. United States | Fifth Circuit | 2018-07-16 | Denied | Response WaivedIFP | burden-of-proof co-conspirator co-conspirator-testimony corroboration corroboration-requirement criminal-conviction criminal-procedure due-process evidence evidentiary-standard fifth-circuit-law plea-bargain sentencing testimony witness-credibility | Whether the Fifth Circuit's law that allows a conviction based solely on the uncorroborated testimony of a co-conspirator should be abandoned, or at l… |
| 18-5195 | Steven Anthony Alvarez v. M. Eliot Spearman, Warden | Ninth Circuit | 2018-07-10 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment california-law constitutional-vagueness criminal-law due-process evidence great-bodily-injury jury-instructions prosecutorial-misconduct testimony vagueness | 1. WHETHER PETITIONER WAS DENIED DUE PROCESS OF LAW, WHEN PROSECUTOR MISSTATED LAW, MISSTATED TESTIMONY, AND MISSTATED EVIDENCE TO THE JURY? 2. WHETH… |
| 18-5183 | Christopher M. Holmes v. United States | Eighth Circuit | 2018-07-10 | Denied | Response WaivedIFP | court-security-officer due-process grand-jury ineffective-assistance-of-counsel plea-bargaining right-to-be-present right-to-confrontation right-to-counsel solitary-confinement standing testimony | MEt, IF CURT -AppoatEd TRIAL CWNSEl ADMITTS ThAT ShE D NEyleCtEC To woNfeR nith client ABout Peremptory staikes befire oR durins peremptory Strike ses… |
| 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… |