theory-of-defense
7 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-6414 | Keith Antonio Barnett v. United States | Fourth Circuit | 2022-12-29 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights criminal-procedure due-process hearsay hearsay-testimony jury-instruction theory-of-defense | WHETHER THE CONFRONTATION CLAUSE WAS VIOLATED WHEN PROSECUTORS RELIED, EXCLUSIVELY, ON HEARSAY TESTIMONY TO CONVICT THE PETITIONER? WHETHER THE PET… |
| 21-7923 | Charles K. Topping and J. W. Long, aka James Wayne Long v. United States | Eleventh Circuit | 2022-05-20 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense | 1. Where the district court's instructions to the jury in a crim inal case provide—as part of the theory of defense instruction—an explana tion of an … |
| 21-6742 | Raudel Salgado-Rodriguez v. United States | Fifth Circuit | 2021-12-29 | Denied | Response WaivedIFP | credibility-of-evidence criminal-procedure due-process evidence-credibility fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense | Whether it violates an accused's right to a fundamentally fair trial to have a judge refuse a theory-of-defense jury instruction because the judge per… |
| 19-8731 | Edson Gelin v. United States | Eleventh Circuit | 2020-06-17 | Denied | Response WaivedIFP | buyer-seller criminal-law criminal-procedure evidence-law fair-trial judicial-discretion jury-instruction jury-instructions theory-of-defense | WHETHER THE DEFENSE IS ENTITLED TO A BUYER-SELLER JURY INSTRUCTION WHEN THE INSTRUCTION IS PART OF THE THEORY OF DEFENSE AND OTHERWISE NECESSARY FOR A… |
| 18-7060 | Brian William Schumaker v. Hector Joyner, Warden | Fourth Circuit | 2018-12-17 | Denied | Response WaivedIFP | actual-innocence constitutional-claims due-process judicial-notice jury-instructions prudential-consideration theory-of-defense void-for-vagueness | WHETHER the lower courts, hearing the petitioner's Constitutional claims of "actual innocence" and "theory of defense" instructions delivered to the t… |
| 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… |
| 18-5607 | Friday Ogunyemi James v. United States | Third Circuit | 2018-08-16 | Denied | Response WaivedIFP | criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness | 1. Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the ev… |