trial-counsel

257 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6725 Shawn D. Powell v. Fidencio Guzman, Warden Ninth Circuit 2026-02-05 Denied Response WaivedIFP closing-argument habeas-corpus ineffective-assistance strickland-standard trial-counsel witness-credibility During closing argument at Petitioner Shawn Powell's trial, his trial counsel unreasonably conceded Powell's guilt of vandalism and violation of a pro…
25-6166 Gregory P. Burleson v. United States Ninth Circuit 2025-11-19 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance ninth-circuit trial-counsel 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)(…
25-6120 In Re Steven Michael Backstrom 2025-11-14 Denied IFP cruel-unusual-punishment due-process fourteenth-amendment habeas-corpus ineffective-assistance trial-counsel 1- a) Does a failure by trial counsel to investigate known-to-be material facts and/or witnesses, constitute federally defined ineffective assistanc…
25-6042 Calvin Shaw v. United States District of Columbia 2025-11-06 Denied Response WaivedIFP alibi-witnesses appellate-review criminal-procedure government-witnesses ineffective-assistance trial-counsel I- DID THE COURT OF APPEALS ERR WHEN IT DID NOT FIND TRIAL COUNSELS REPRESENTATION OF MR. SHAW INEFFECTIVE BASED ON HIS FAILURE TO CALL ALIBI WITNESSE…
25-6040 Gustavo Tijerina Sandoval v. Texas Texas 2025-11-05 Denied Response WaivedIFP due-process harmless-error jury-trial sixth-amendment state-law trial-counsel 1. May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited u…
25-5653 Oren Lewis v. Brand Huffman, Superintendent, South Mississippi Correctional Institution Fifth Circuit 2025-09-16 Denied Response WaivedIFP constitutional-rights exculpatory-evidence fair-trial ineffective-assistance juror-bias trial-counsel 1. If PETITIONER WAS DEPRIVED OF A FAIR TRIAL BEFORE AN IMPARTIAL JURY BECAUSE A JUROR CONCEALED RELEVENT INFORMATION ABOUT HER RELATIONSHIPS WITH THE…
25-5396 Gregory K. Parks v. Jamie Bullard, Warden Fourth Circuit 2025-08-19 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance jury-instructions trial-counsel t^VA - jo pAVcrA "Me GovemmenA anl Me flnieA rr)en~f n^M"J, cinooSe. 4t> use leyA glSl&inct. 4o comply unM lU Rr$A rfme^AmenV t^VA - jo pAVcrA "Me G…
25-5264 Craig Alan Sandhaus v. Florida Florida 2025-08-04 Denied Response WaivedIFP fourteenth-amendment ineffective-assistance jury-instruction nondeadly-force sixth-amendment trial-counsel Whether the Petitioner's Sixth and Fourteenth Amendment rights were violated when his trial attorneys failed to request a jury instruction on the just…
24-7395 In Re Isaac Gray 2025-06-10 Denied IFP brady-violation conflict-of-interest ineffective-assistance peremptory-challenges prosecutorial-misconduct trial-counsel 1. Did the State court erred in denying trial counsel was ineffective in failing to suggest how cross-examination might have been beneficial concernin…
24-7302 Sterling Atkins, Jr. v. Jeremy Bean, Warden, et al. Ninth Circuit 2025-05-28 Denied IFP burden-of-proof criminal-procedure due-process ineffective-assistance strickland-standard trial-counsel 1. Can a claim of ineffective assistance of counsel be denied on the basis of an alleged failure to show what trial counsel did rather than what they …
24-7190 Danny Lee Jones v. Ryan Thornell, Director, Arizona Department of Corrections Ninth Circuit 2025-05-13 Dismissed IFP cumulative-prejudice habeas-corpus ineffective-assistance sixth-amendment strickland-standard trial-counsel Whether the Sixth Amendment requires a court reviewing an ineffective assistance-of-counsel claim to consider the cumulative prejudice stemming from t…
24-7063 Randy W. Duck v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2025-04-23 Denied Response WaivedIFP eighth-circuit ineffective-assistance juror-impartiality jury-bias prosecutorial-bias trial-counsel Mr. Duck alleged that his trial counsel was ineffective for failing to remove presumed impartial jurors that sat on the jury. Should they have been di…
24-7030 Moises Sandoval Mendoza v. Texas Texas 2025-04-18 Denied IFP constitutional-rights criminal-defendant habeas-corpus ineffective-assistance state-law trial-counsel Whether a criminal defendant has a right to effective habeas counsel to assert a claim of ineffective assistance of trial counsel where, by operation …
24-6968 Willie Rodriquez Jones v. Texas Texas 2025-04-10 Denied IFP due-process jury-trial professional-misconduct structural-error trial-counsel trial-jurisdiction Petitioner contends that trial court was without jurisdiction to proceed to judgment and convict. Due to a "structural ;error , " which affects the …
24-1071 Jose Angel Garcia v. New Mexico, et al. New Mexico 2025-04-10 Denied Response Waived criminal-procedure ineffective-assistance jury-instruction medical-evidence sixth-amendment trial-counsel Whether Petitioner Garcia's Sixth Amendment right to counsel was deprived under the following circumstances: • By failing to call the pathologist who…
24-6542 William Michael Dennis v. Chance Andes, Acting Warden Ninth Circuit 2025-02-11 Denied Response WaivedIFP due-process ineffective-assistance insanity-defense mental-state strickland-standard trial-counsel Whether the Court of Appeals decided an important federal question in a way that conflicts with relevant decisions of this Court by finding trial coun…
24A713 Matthew Lee Flowers v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-01-22 Presumed Complete confrontation-clause constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Question not identified.
24-6199 Leon Paul Kavis, Jr. v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP appeal-consultation certificate-of-appealability constitutional-duty flores-ortega ineffective-assistance trial-counsel Could reasonable jurists debate that trial counsel's duty to consult with a defendant on whether to file an appeal pursuant Rose v. Flores-Ortega, 528…
24-6125 Nathan Rivera v. Brian Cates, Warden Ninth Circuit 2024-12-11 Denied Response WaivedIFP district-court habeas-corpus inadmissible-testimony ineffective-assistance murder-trial trial-counsel Whether the district court erred in denying the petition for a writ of habeas corpus, where Petitioner's trial counsel provided ineffective assistance…
24A545 Bartholomew Granger v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-12-04 Presumed Complete capital-murder constitutional-deficiency critical-stage ineffective-assistance sixth-amendment trial-counsel Question not identified.
24-6022 Leonard Contreras Sandoval v. Jamie Miller, Superintendent, Snake River Correctional Institution Ninth Circuit 2024-11-22 Denied Response WaivedIFP constitutional-review habeas-corpus ineffective-assistance prejudice-analysis strickland-standard trial-counsel 1. Whether a state court that applies a sufficiency of the evidence standard to determine a habeas petitioner was not prejudiced by his trial counsel'…
24-5990 Darius Rush v. James Corrigan, Warden Sixth Circuit 2024-11-19 Denied Response WaivedIFP brady-violation constitutional-rights criminal-procedure due-process evidence-suppression trial-counsel Whether defense attorneys' failure to challenge Constitutional violations during trial counsel's opening statement and cross-examination resulted in i…
24A491 Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2024-11-18 Presumed Complete conflict-of-interest expert-services habeas-corpus ineffective-assistance trial-counsel waiver Question not identified.
24A457 Tony Lamons Gooch III v. Tennessee Tennessee 2024-11-06 Denied constitutional-error criminal-procedure ineffective-assistance post-conviction-relief sixth-amendment trial-counsel Question not identified.
24-5788 Nico Allen-Antonio Cogdill v. Texas Texas 2024-10-18 Denied Response WaivedIFP collateral-review constitutional-right habeas-corpus ineffective-assistance procedural-due-process trial-counsel Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assista…
24-371 Troy Thomas York v. Arizona Arizona 2024-10-02 Denied Response Waived collateral-review constitutional-rights due-process fourteenth-amendment ineffective-assistance trial-counsel 1. Does the Fourteenth Amendment confer the right to effective assistance of first collateral review counsel for claims of ineffective assistance of…
24-5640 Mark Watkins v. New York New York 2024-09-26 Denied Response WaivedIFP deficient-performance ineffective-assistance prejudice-analysis reasonable-probability strickland-standard trial-counsel To establish that trial counsel was ineffective due to a single error, must the defendant establish that the error satisfies Strickland v. Washington'…
24-5592 Deshawn Andrew Boylan v. Michael Burgess, Warden Sixth Circuit 2024-09-20 Denied Response WaivedIFP collateral-estoppel habeas-corpus ineffective-assistance sentencing-findings sixth-circuit trial-counsel Whether the Sixth Circuit erroneously reversed the District Courts grant of habeas relief based on trial counsels ineffective assistance in failing to…
24-5527 Adrian Mahdee Akram v. James Corrigan, Warden Sixth Circuit 2024-09-12 Denied Response WaivedIFP alibi-defense constitutional-rights ineffective-assistance sixth-amendment strickland-standard trial-counsel 1.) Does Petitioner Adrian Akram's conviction rest on a violation of his Sixth Amendment rights announced in Strickland v. Washington? Where he was de…
24-5508 Jason J. Dominick v. Tina Walker, Superintendent, State Correctional Institution at Fayette Third Circuit 2024-09-10 Denied Relisted (2)IFP blood-pattern-analysis forensic-evidence ineffective-assistance prejudice-analysis strickland-standard trial-counsel 1. If Velma and the rest of the Scooby Doo Mystery Inc. Gang would expose junk science presented to the jury in order to preserve the reliability and …
24-5464 Jeromy Schiedenhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-09-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence-sufficiency ineffective-assistance trial-counsel QUESTION ONE. IF TRIAL COUNSEL FAILS TO, AND REFUSES A DEFENDANTS REPEATED DEMANDS TO FILE A MOTION TO SUPPRESS AND MAKE THE PROPER FOURTH AMENDMENT C…
24-5385 Marc Anthony Colon v. Nethanjah Breitenbach, Warden, et al. Ninth Circuit 2024-08-23 Denied Response WaivedIFP certificate-of-appealability due-process ineffective-assistance ninth-circuit trial-counsel witness-preparation 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…
24-200 Hamett Diaz v. Pennsylvania, et al. Third Circuit 2024-08-22 Denied criminal-conviction due-process hearsay-testimony ineffective-assistance trial-counsel witness-testimony Whether the Third Circuit erred in failing to find that trial counsel provided the ineffective assistance of counsel in failing to object to the admis…
24-5290 Kevin Duane Stunes v. Colorado Colorado 2024-08-09 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance postconviction-review trial-counsel voluntary-intoxication 1) When a state regulates a claim of ineffective assistance of trial counsel, i.e a claim of constitutional entitlement to its postconviction review v…
24-5168 Edward Nicholas Reeder v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-07-30 Denied IFP certificate-of-appealability court-order final-order habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure motion-disposition motion-to-withdraw-plea plea-withdrawal trial-counsel voluntary-dismissal 1. Was trial counsel ineffective for failing to object and request that the lower court to address the disposition of Reeder's motion to withdraw plea…
24-5102 Alexi Hinojosa Matos v. Texas Texas 2024-07-18 Denied IFP appointment-of-counsel criminal-procedure due-process habeas-corpus miscarriage-of-justice prosecutorial-misconduct sixth-amendment trial-counsel writ-application Due to the gross nature of trial counsel's errors, and the miscarriage of justice due to prosecutor's misconduct, should the Court of Criminal Appeals…
23-7764 Leon Davis, Jr. v. Florida, et al. Florida 2024-06-20 Denied IFP bad-acts ballistics-evidence capital-case criminal-evidence criminal-procedure-ineffective-assistance-of-couns ineffective-assistance other-crimes-evidence postconviction-review prejudice strickland-standard strickland-v-washington trial-counsel Whether in a case with no direct evidence connecting the defendant to the crime except the introduction of evidence of other crimes or bad acts, the S…
23-7709 Percy Leroy Jacobs v. United States Fourth Circuit 2024-06-13 Denied Response WaivedIFP bradshaw-v-stumpf criminal-penalties due-process right-to-counsel sixth-amendment speedy-trial speedy-trial-act trial-counsel von-moltke-v-gillies waiver I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens…
23-7699 Levoyd A. Jones v. Angela Hunsinger-Stuff, Warden Sixth Circuit 2024-06-12 Denied IFP 6th-amendment brady-violation criminal-procedure direct-evidence due-process evidence ineffective-assistance jurisdiction sixth-amendment trial-counsel uncharged-crime witness-impeachment I. Whether evidence of an uncharged crime that occured two years after the time-frame of the indictment can be used as direct evidence linking the def…
23A1088 Anthony Mungin v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-06-06 Presumed Complete constitutional-review criminal-procedure death-penalty habeas-corpus ineffective-assistance trial-counsel Question not identified.
23A1049 Meko R. Walker v. United States Fifth Circuit 2024-05-23 Presumed Complete constitutional-rights criminal-procedure ineffective-assistance right-to-testify sixth-amendment trial-counsel Question not identified.
23-7509 Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-05-20 Denied IFP burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel In a capital case where the petitioner has always maintained his innocence, where the petitioner testified in his own defense, and where the prosecuti…
23-7514 Christopher E. Glass v. Illinois Illinois 2024-05-20 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights due-process exculpatory-evidence fair-trial government-misconduct ineffective-assistance ineffective-assistance-of-counsel miranda-rights trial-counsel Question not identified.
23-7420 In Re Steven Michael Backstrom 2024-05-08 Denied IFP civil-rights due-process fraud habeas habeas-corpus ineffective-assistance-of-counsel trial-counsel truth-seeking-process 1. Does a failure by trial counsel to investigate known-to-be material facts and/or witnesses constitute federally defined ineffective assistance of c…
23-7150 Elana Gordon v. Massachusetts Massachusetts 2024-04-05 GVR Response RequestedResponse WaivedRelisted (4)IFP confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel 1. Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic e…
23-1048 Michael Kellywood v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2024-03-22 Denied Response Waived counseling-records due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-records sixth-amendment trial-counsel Whether the denial of Mr. Kellywood's writ of habeas corpus regarding ineffective representation of trial counsel when failing to sufficiently researc…
23-1036 Robert John Dodd v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-19 Denied constitutional-violation criminal-indictment criminal-procedure double-jeopardy due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Dodd was indicted on nine counts for the sexual abuse of a child fifteen years prior. Each count of the indictment was an identical carbon copy, inclu…
23-6865 Justus Onyiego v. Tennessee Tennessee 2024-02-29 Denied IFP constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel I. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO REQUEST LESSER INCLUDED OFFENSE INSTRUCTIONS FOR THE OFFENSE OF AGGRAVATED RAPE CAUSING BODILY INJURY?…
23-6721 Jerry Scott Heidler v. Shawn Emmons, Warden Eleventh Circuit 2024-02-12 Denied IFP actual-conflict-of-interest certificate-of-appealability eleventh-circuit habeas habeas-corpus martinez-v-ryan mental-competency mental-incompetence procedural-dismissal trial-counsel Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address any or all of the above claims and, if so, whether t…
23A635 Jereme Lee Escobedo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-01-09 Presumed Complete impartial-jury ineffective-assistance juror-bias sixth-amendment trial-counsel voir-dire Question not identified.
23-6344 Michael Broomer v. Delaware Delaware 2023-12-26 Denied IFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct racial-discrimination sixth-amendment trial-counsel Under U.S. Constitution Amendment(s) 4 and/or 5, and/or 14, does defendant have a right to due process? Was my right(s) violated? Under US Constituti…
23-641 Daisy Miller v. United States Eleventh Circuit 2023-12-14 Denied Response Waived constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m…
23-6207 Ottis J. Cummings Jr., aka Ottis Junior Cummings, aka Otis Cummings, aka Ottis J. Commings, aka Otis J. Cummings v. Mississippi Mississippi 2023-12-08 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance plea-negotiations sex-discrimination standing trial-counsel A). . . . Whether the Court aos denied Se + Maer Tutisdie~ Hon" proceedings due to otatolly Mckay sexh? | B). . . .Whebher Yro iadielmnent aos, orren…
23-6139 Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-30 Denied IFP client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy 1. Does this Court's clearly established precedent under Strickland v. Washington, 466 U.S. 668 (1984), and its progeny permit lower courts to hold th…
23-6101 Kevin E. Chace v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2023-11-22 Denied Response WaivedIFP appeals constitutional-error criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standards-of-review trial-counsel WHETHER PETITIONER SHOULD BE ENTITLED TO CERTIORARI REVIEW BASED ON MULTIPLE ERRORS OF TRIAL COUNSEL THAT OCCURRED WHILE LITIGATING PETTIONER'S CASE
23-5677 Rodtravion Woods v. Brian Cates, Warden Ninth Circuit 2023-09-29 Denied Response WaivedIFP constitutional-rights credibility credibility-challenge effective-assistance-of-counsel government-witness habeas-corpus impeachment-evidence ineffective-assistance prejudice sixth-amendment trial-counsel Was petitioner prejudicially denied his constitutional right to the effective assistance of counsel when his counsel failed to impeach a critical gove…
23-321 Jerry J. Davis, Jr. v. United States Sixth Circuit 2023-09-27 Denied Response Waived certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland strickland-standard trial-counsel Whether the District Court and Sixth Circuit Erred When Both Found That Mr. Davis Was Not Entitled to the Issuance of a Certificate of Appealability f…
23-5509 Vincent D. White, Jr. v. Michael Phillips, Warden Sixth Circuit 2023-09-01 Denied Response WaivedIFP adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction 1. Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultane…
23-5227 Luis Roman v. Illinois Illinois 2023-07-27 Denied IFP abuse-of-discretion civil-rights criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct trial-counsel Question not identified.
23-5003 Monty J. Banister v. Kansas Kansas 2023-06-30 Denied Response WaivedIFP criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel Does this Court's decision in Roe v. Flores-Ortega, 528 U.S. 470 (2000), establish at least a rebuttable presumption that trial counsel has a Sixth Am…
22-7803 Aaron Joel Oliphant v. Montana Montana 2023-06-16 Denied Response WaivedIFP appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel A jury convicted Oliphant of assaulting his infant son based solely on a medical diagnosis of abusive head trauma ("AHT"). His trial counsel failed to…
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…
22-1139 Victor Santana v. Texas Texas 2023-05-23 Denied Response RequestedRelisted (2) bolstering-evidence criminal-appeal criminal-procedure hearsay hearsay-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-bad-act-evidence prior-bad-acts trial-counsel Did the Court of Criminal Appeals err in finding that trial counsel's errors did not amount to ineffective assistance of counsel?
22-7468 Donatus O. Mbanefo v. United States Eleventh Circuit 2023-05-05 Denied Response WaivedIFP 14th-amendment constitutional-deficiency criminal-procedure due-process equal-protection minority-rights selective-prosecution sixth-amendment trial-counsel Question 1. Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in v…
22-7348 Joel Suarez v. Chris Brewer, Warden Eighth Circuit 2023-04-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining right-to-counsel sixth-amendment trial-counsel Ineffective Assistance Of Counsel Counsel failed to get a interpreter. Counsel was ineffective in the plea-bargain process. Counsel failed to object t…
22-997 Andrew Lewis v. Texas Texas 2023-04-13 Denied criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel medical-evidence medical-testimony prejudice-analysis standard-of-review strickland-standard strickland-v-washington trial-counsel Whether the TCCA, by considering only the trial testimony that supported the convictions rather than how the testimony of petitioner's medical experts…
22-7195 Jerry Lynn McGavitt v. Texas Texas 2023-04-05 Denied Response WaivedIFP 14th-amendment 6th-amendment collateral-proceedings collateral-review constitutional-right due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel trial-counsel Whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to riase a claim of ineffective assista…
22-7158 Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-03-30 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim Tha…
22-7008 Heath R. Barker v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-14 Denied Response WaivedIFP certificate-of-appealability child-sexual-abuse forensic-interview forensic-interviews habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel 1) Was Petitioner entitled to a certificate of appealability (COA) on his claim that he received ineffective assistance of counsel under the Sixth Ame…
22-866 John Franklin Bell, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-03-13 Denied thus requiring a COA and plenary consideration by certificate-of-appealability dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice standard-of-review trial-counsel Are petitioner's due process and ineffective assistance of counsel claims debatable among reasonable jurists, thus requiring a COA and plenary conside…
22-6923 In Re Jesse Brown 2023-03-03 Denied IFP actual-innocence constitutional-claim defense-theory evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel legal-default post-conviction-relief standard-of-review trial-counsel I. Is the Petitioner entitled to a AC defense theory? II. Is the Petitioner entitled to AN standard of review of his claims on the merits? III. Is t…
22-841 Christopher H. West v. Robert May, Warden, et al. Third Circuit 2023-03-03 Denied Response Waived 6th-amendment constitutional-rights cronic-standard due-process habeas-corpus ineffective-assistance sandin-v-conner sixth-amendment strickland-v-washington trial-counsel 1. In denying petitioner's habeas certificate of appealability, where the 3d Circuit's review of the record entirely overlooked that the facts in tria…
22-834 Harshad Shah v. United States Ninth Circuit 2023-03-02 Denied Response Waived buck-v-davis certificate-of-appealability cultural-bias cultural-predisposition habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel racial-animus trial-counsel In Peña-Rodriguez v. Colorado, 580 U.S. 206 (2017), this Court again condemned the use of racial animus in the sexual assault trial of a Mexican man, …
22-6696 Rudy Garcia v. Texas Texas 2023-02-03 Denied IFP constitutional-rights criminal-appeals due-process equal-protection habeas-corpus ineffective-assistance-of-counsel legal-standards precedent prosecutorial-misconduct supreme-court-precedent trial-counsel Question 1: Xnlroducbi Q A *.Ike. lex.es Couri of Crlm'tr\a.l disbarrad Prasad^cr,- Ralph Padly s undisclosed Iona! m 'l scon duck RalidP in 4bai Ka…
22-6565 Cristian Santa v. Massachusetts Massachusetts 2023-01-18 Denied Response WaivedIFP expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel 1. Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by…
22-587 Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al. Third Circuit 2022-12-27 Denied due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel Whether, in the context of habeas proceedings under 28 U.S.C. § 2254, the failure of trial counsel to object to a jury instruction which does not cont…
22-6357 Clifton Raye v. Tim Hooper, Warden Fifth Circuit 2022-12-20 Denied Response WaivedIFP 6th-amendment constitutional-law constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Was Petitioner's rights under 6th Amendment to the United States Constitution violated when trial counsel was ineffective? Did the State and Federal …
22-6240 Robert Dale Hines v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-12-07 Denied IFP civil-rights constitutional-rights criminal-procedure due-process evidence-tampering fourth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment trial-counsel RAC i Z i sm Hou> Co,M.rVy V^ViOo<4 fcsXt5 y. »\y ^0)-^ 1'^ K^vown sl/nce. +ke. ^^-vU gv-txle iAr^-ftc vi +k«s cog^s K>s ^cco^cA re.pre.sovt me_ /A Co…
22-6232 Trevor Jim Bishop v. California California 2022-12-06 Denied IFP due-process evidence hearsay other-acts other-acts-evidence procedural-error procedure prosecutorial-misconduct trial-counsel waiver Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proce…
22-6156 Peter Ivan McNeal v. Dean Borders, Warden Ninth Circuit 2022-11-28 Denied Response WaivedIFP criminal-procedure due-process eighth-amendment evidentiary-hearing exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel memory-expert taint-expert trial-counsel Whether the California courts' unreasonable refusal to hold an evidentiary hearing on petitioner's claims of ineffective assistance of counsel, combin…
22-6150 Walter Raglin v. Tim Shoop, Warden Sixth Circuit 2022-11-23 Denied IFP capital-murder capital-punishment closing-arguments criminal-procedure ineffective-assistance procedural-bar res-judicata state-procedural-bar trial-counsel voir-dire 1. Whether a capital defendant is deprived of the effective assistance of trial counsel when his lawyers repeatedly concede guilt of aggravated murder…
22-5994 Kevin Leon Lucien v. Texas Texas 2022-11-04 Denied IFP criminal-procedure duty-to-investigate ineffective-assistance ineffective-assistance-of-counsel mental-health mitigating-evidence punishment standard-of-review trial-counsel voluntary-intoxication 1. Was trial counsel ineffective for failing to investigate and present evidence of voluntary intoxication as mitigating evidence at punishment? 2. W…
22-5643 Derek Lee Casey, Jr. v. Texas Texas 2022-09-21 Denied IFP conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel plea-bargaining sentencing trial-counsel Question not identified.
22-5602 Edward Ellis, III v. Missouri Missouri 2022-09-19 Denied Response WaivedIFP constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony 1. Whether, in direct conflict with other federal and state decisions, the Missouri Court of Appeals correctly held that under the Sixth Amendment, tr…
22-5523 Lawrence Gaines v. Morris Houser, Superintendent, State Correctional Institution at Benner Township, et al. Third Circuit 2022-09-08 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions no-adverse-inference strategic-decision trial-counsel I. WHETHER THE COURT OF APPEALS ERRED WHEN IT REVERSED THE WELL REASONED DECISION OF THE DISTRICT COURT WHICH HELD THAT TRIAL COUNSEL WAS INEFFECTIVE …
22-146 Tracy Smith v. Georgia Georgia 2022-08-16 Denied Response Waived constitutional-law constitutional-rights criminal-procedure ineffective-assistance-of-counsel jury-instruction jury-instructions non-unanimous-verdict sixth-amendment trial-counsel Whether it is a violation of the Sixth Amendment for trial counsel to fail to object to a jury instruction that sanctioned a non-unanimous verdict.
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy 1. Whether trial counsel's Sixth Amendment duties to a client during the guilty-plea negotiation stages require him to affirmatively assist a client i…
22-5165 Daniel Boos v. Jermaine White, Warden Eleventh Circuit 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure cumulative-error cumulative-prejudice due-process effective-assistance-of-counsel ineffective-assistance sixth-amendment trial-counsel trial-errors Question not identified.
22-5115 Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-07-15 Denied IFP consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel 1. Does the Sixth and Fourteenth Amendments require that before a trial counsel can conceded defendant's guilt, trial counsel must first consult with …
22-5070 Lane Walker Waldron v. Texas Texas 2022-07-12 Denied IFP attorney-credibility constitutional-rights conviction-reversal habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias sixth-amendment trial-counsel WHETHER THE COURT BELOW ERRED IN CONCLUDING PETITIONER WAS NOT DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL WHEN HIS T…
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy 1. Did the lower .Court error in Not finding that the Petitioner Trial Counsel committed ineffective assistance of Counsel when trial counsel misadv…
21-8263 John Matthias Watson, III v. Nevada Nevada 2022-06-29 Denied IFP capital-murder criminal-procedure defendant-autonomy mccoy-precedent mccoy-v-louisana right-to-autonomy sixth-amendment trial-counsel unauthorized-concession Is it a concession of guilt by trial counsel which violated Mr. Watson's longstanding right to autonomy and the Sixth Amendment holding of McCoy v. Lo…
21-7892 Abdul Samuels v. United States District of Columbia 2022-05-17 Denied Response WaivedIFP conflict-of-interest court-of-appeals due-process ineffective-assistance remand representation right-to-counsel sixth-amendment trial-counsel Did the court of appeals err in denying Petitioner—whose trial counsel had a conflict of interest because his child was applying for a job at the U.S.…
21-7481 Timothy K. Prince v. Michigan Michigan 2022-03-28 Denied IFP appellate-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel judicial-bias michigan-supreme-court neglected-issues pecuniary-interest procedural-default trial-counsel I. Did the Michigan Supreme Court err by refusing to review this claim where a judge must disqualify itself where it is actually biased or where the p…
21-7241 Darrell Johnson v. Pennsylvania Pennsylvania 2022-03-01 Denied Response WaivedIFP alibi-instruction evidence ineffective-assistance ineffective-assistance-of-counsel legal-error pennsylvania-state-court state-court stipulations trial-counsel Was the Pennsylvania State Court's ruling supported by the evidence and free from legal error when it held that Petitioner's trial counsel was not ine…
21-7061 John Lezell Balentine v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-04 Denied IFP capital-defendant capital-sentencing circuit-split due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence schriro-v-landrigan sentencing trial-counsel Under Schriro v. Landrigan, 550 U.S. 465 (2007), does a capital defendant necessarily forfeit his right to allege trial counsel's ineffectiveness for …
21-7018 Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-02-01 Denied IFP character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony Question one of ground one of Fuentes £2254 petition: Relevancy is everything when it comes to evidence, and the Petitioner 's private psychologist, D…
21-6986 John Atlas, Jr. v. Patrick Covello, Warden Ninth Circuit 2022-01-27 Denied Response WaivedIFP criminal-street-gang criminal-threats due-process ineffective-assistance intent life-sentence mental-state mental-state-defense schizophrenia trial-counsel Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective assistance of trial counsel where (1) Atlas was charged with making crimin…
21-6846 Juan Jose Reynoso v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-01-13 Denied IFP certificate-of-appealability fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mitigation-evidence prejudice sixth-circuit supervisory-power tenth-circuit trial-counsel Whether the Fifth Circuit has "so far departed from the accepted and usual course of judicial proceedings, ... as to call for an exercise of this Cour…
21-946 Michael Coscia v. United States Seventh Circuit 2021-12-28 Denied Response Waived 28-U.S.C-2255 adversely-affected conflict-of-interest Cuyler-v-Sullivan-446-U.S-335-1980 evidentiary-hearing ineffective-assistance Machibroda-v-United-States-368-U.S-487-1962 section-2255 supreme-court-precedent trial-counsel Whether a petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255 to resolve his claim under Cuyler v. Sullivan, 446 U.S. 335 (1980), …
21-6721 Tyrone Anderson v. Delaware Delaware 2021-12-23 Denied IFP 14th-amendment 6th-amendment confrontation-clause due-process fair-trial hearsay ineffective-assistance ineffective-assistance-of-counsel post-conviction standard-of-review trial-counsel Does it Constitute Ineffective Assistance of Counsel to Fail to object to a statement From the state's Chief Witness who claimed that a Non-Testifying…
21-6727 Zane Dickinson v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-23 Denied Response WaivedIFP deficient-performance direct-appeal habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel legal-preservation prejudice prejudice-standard reasonable-probability trial-counsel Whether a federal habeas petitioner whose trial counsel performed deficiently by failing to preserve a meritorious issue for appeal satisfies the prej…
21-6672 Trevor Jim Bishop v. California California 2021-12-20 Denied IFP due-process evidence-code-section-1109 federal-rule-of-evidence-404(b) hearsay hearsay-evidence ineffective-assistance other-acts-evidence procedural-error prosecutorial-misconduct trial-counsel Whether the majority opinion erred not only as to the substantive admissibility of the other acts evidence, but whether the majority also erred proced…
21-871 Louisiana v. David H. Brown Louisiana 2021-12-13 Denied capital-case death-penalty faretta-right faretta-v-california mccoy-v-louisiana self-representation structural-error trial-counsel Whether the Louisiana Supreme Court erred in vacating the three death sentences imposed on the respondent when the trial court granted respondent's re…
21-6559 George Russell Kayer v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-08 Denied IFP capital-murder competency-determination direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel mitigation-specialist sentencing-hearing trial-counsel In March 1997, a jury convicted George Russell Kayer of capital murder. Only after his conviction, and just two months before his sentencing hearing, …
21-6203 Michael Walker v. Josh Shapiro, Attorney General of Pennsylvania, et al. Third Circuit 2021-11-05 Denied IFP actual-innocence certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mcquiggin-v-perkins rule-60(b)(6) strickland-v-washington trial-counsel As a result of the United States District Court for the Middle District of Pennsylvania in denying Petitioner's Motion for Relief pursuant to Rule 60(…
21-6151 Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2021-11-02 Denied IFP civil-rights due-process habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan post-conviction-review summary-judgment trial-counsel In determining whether a federal habeas petitioner's pleadings and supporting documents have alleged a substantial but defaulted claim of ineffective …
21-6026 Barton R. Gaines v. Texas Texas 2021-10-20 Denied IFP brady-rule constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief strickland-standard trial-counsel Like Brady, but with defense counsel (i.e., rather than the prosecutor), does the defendant have a reasonable expectation that his trial counsel will …
21-5978 Derek Levert Hall v. United States Eleventh Circuit 2021-10-15 Denied IFP circuit-split criminal-procedure indigent-defendant pro-se pro-se-representation right-to-counsel sixth-amendment trial-counsel waiver The federal courts of appeals are about evenly split over whether an indigent criminal defendant's waiver of trial counsel requires a clear and unequi…
21-5943 Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-12 Denied IFP 28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his trial …
21-5921 Shikisha Monet Tidmore v. Michigan Michigan 2021-10-06 Denied IFP admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment where Petitioner was denied due proces…
21-5786 Jerry R. Tippett v. John Myrick, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2021-09-27 Denied Response WaivedIFP cause-and-prejudice free-standing-constitutional-claim habeas ineffective-assistance martinez-v-ryan trial-counsel Whether it is at least debatable that in § 2254 habeas proceedings Martinez v. Ryan may not be utilized to excuse the default of an ineffective assist…
21-5742 Steven Wayne Isbel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-23 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment standing trial-counsel Question One: has Whether the 5th Circvit Court of Appeals that is in direct conflict with entered a decision the United States Supreme Court precede…
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel (1) .Was reversible error, committed pursuant to; STRICKLAND vs.WASHINGTON; MAPLE vsTHOMAS; UNITED STATE vs.HILLSMAN : , when trial counsel abandoned …
21-5751 Charles Elmer Kovary v. Willis Chapman, Warden Sixth Circuit 2021-09-22 Denied Response WaivedIFP alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony 1) Was Appellate Counsel ineffective for failing to raise trial counsels ineffectiveness for failing to fully investigate Alibi witness, and help Alib…
21-5703 Mark French v. Frank B. Bishop, Jr., Warden, et al. Fourth Circuit 2021-09-17 Denied IFP constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-inquiry right-to-counsel trial-counsel trial-court-discretion 1. IS IT A CONSTITUTIONAL VIOLATION WHEN A TRIAL COURT FAIL'S TO INQUIRY OR ADDRESS A DEFENDANT'S WRITTEN REQUEST ABOUT HIS CONCERNS ABOUT HIS TRIAL C…
21-5567 Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-03 Denied IFP corroborating-evidence criminal-trial due-process ineffective-assistance reasonable-investigation strickland-standard strickland-v-washington therapist-testimony trial-counsel witness-credibility Question Number One: Counsel rendered ineffective assistance by failing to object to K.H.'s (Complainant) therapist's testimony when she told the jur…
21-5446 Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al. Third Circuit 2021-08-23 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel WHETHER TRIAL COUNSEL ADEQUATELY AND EFFECTIVELY ASSISTED PETITIONER IN DECIDING WHETHER TO ACCEPT A PLEA OFFER OF 15 TO 30 YEARS WHERE COUNSEL FAILED…
21-5389 Juan J. Martinez v. Texas Texas 2021-08-18 Denied IFP admissible-evidence collateral-proceedings constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment ineffective-assistance probable-cause right-to-counsel search-and-seizure trial-counsel Question not identified.
21-5360 Danta Omar Roberts v. United States Fourth Circuit 2021-08-12 Denied Response WaivedIFP criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel I. Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and…
21-5273 Jerry L. Wheeler v. Randall Hepp, Warden Seventh Circuit 2021-08-02 Denied IFP civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony 1. Whether titled CFf^iwc, t9<JJiS^wc6 OF Counsel*, UjKefJ Trial CauffSgL. FaU<uH To Qh<tripi£jT t Call H) Testify fTk& 2-3 gyz* uj )+cJ£6<} bJKo Sl*f…
21-5239 Kevin A. Craig v. O'Bell T. Winn, Warden Sixth Circuit 2021-07-28 Denied Response WaivedIFP appellate-counsel certificate-of-appealability district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review sixth-circuit sixth-circuit-court-of-appeals trial-counsel Did the sixth circuit court of appeals clearly err in its denial of petitioner's request for a certificate of appealability, when it assessed petition…
21-5093 Stephen Dale Barbee v. Texas Texas 2021-07-15 Denied IFP autonomy-right capital-defendant capital-punishment effective-assistance-of-counsel florida-v-nixon habeas-corpus habeas-review ineffective-assistance mccoy-v-louisiana sixth-amendment trial-counsel 1) Whether the sate court's decision to foreclose habeas review of a capital defendant's claim under McCoy v. Louisiana contravenes federal law becaus…
21-41 James Allen Jackson v. Texas Texas 2021-07-13 Denied Response Waived closing-argument constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice procedural-due-process racist-testimony right-to-silence trial-counsel wiccan-testimony I. Was petitioner denied the effective assistance of counsel when defense counsel failed to object to irrelevant, inflammatory testimony that petition…
21-5089 Martin Thomas Lawrence v. United States Eighth Circuit 2021-07-13 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel 1. Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court shou…
21-5015 Reginald Franklin v. Robert LeGrand, Warden, et al. Ninth Circuit 2021-07-06 Denied Response WaivedIFP certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-relief reasonable-jurists trial-counsel Whether the Ninth Circuit clearly erred in denying Franklin's request for a certificate of appealability because reasonable jurists would find it deba…
21-5004 Bo Daniel Shafer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-02 Denied IFP appellate-review criminal-procedure district-court due-process habeas-corpus ineffective-assistance-of-counsel trial-counsel trial-procedure voir-dire witness-testimony 1. DID THE FEDERAL DISTRICT COURT ERRONEOUSLY CONCLUDE THAT BO SHAFER'S IAC CLAIM REGARDING HIS TRIAL COUNSEL'S PERFORMANCE DURING VOIR DIRE WAS WITHO…
20-8270 Maurice A. Jackson v. Kevin Ransom, Superintendent, State Correctional Institution at Dallas, et al. Third Circuit 2021-06-09 Denied Response WaivedIFP court-of-appeals criminal-procedure dna-testing evidence ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard standard-of-review trial-counsel witness-impeachment 1. Did the third circuit court err in deferring to the Court of Common Pleas finding that Mr. Jackson was not prejudiced by trial counsel not having k…
20-8252 Timothy James Thompson v. Brandon Kelly, Superintendent, Oregon State Penitentiary Ninth Circuit 2021-06-08 Denied Response WaivedIFP default habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion martinez-v-ryan prejudice prejudice-standard trial-counsel trial-judge Whether when assessing prejudice to determine if the default of an ineffective assistance of trial counsel claim should be excused under Martinez v. R…
20-8235 Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2021-06-04 Denied Response WaivedIFP expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment, when his trial counsel failed to understand the applica…
20-8149 Quinn Palacios Cruz, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-26 Denied IFP conflict-of-interest criminal-procedure cuyler-test habeas-corpus individual-representation ineffective-assistance methodology-of-review multiple-representation supreme-court-review trial-counsel I. Whether the Cuyler test for ineffective assistance of counsel due to conflict of interest applies to individual cases of representation and not onl…
20-1514 Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2021-04-28 Denied child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel Dodd was indicted on nine counts for the sexual abuse of a child more than fifteen years ago. Each count of the indictment was an identical carbon cop…
20-7709 Alvin Henry v. United States Third Circuit 2021-04-09 Denied Response WaivedIFP brady-material brady-v-maryland due-process effective-assistance-of-counsel giglio-disclosure giglio-v-united-states prejudice-standard reasonable-probability third-circuit trial-counsel trial-procedure Whether the Third Circuit's focus on trial counsel's effective use of Brady/Giglio material at trial is consistent with this Court's uniform precedent…
20-7605 Cody James Martinez v. Arizona Arizona 2021-03-31 Denied IFP capital-defendant capital-trial cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel pecuniary-gain right-to-counsel statutory-aggravator strickland-standard trial-counsel I.Trial counsel only ever met with Mr. Martinez for a total of 1:08 in the 2-½ years preceding this capital trial. II.Arizona used a flawed premedita…
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7623 Michael Eric Drake v. Pennsylvania Pennsylvania 2021-03-31 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel prior-bad-acts sixth-amendment trial-counsel Did the Pennsylvania Superior Court ignore the Sixth and Fourteenth Amendments when it found no issue with trial counsel's failure to protect his clie…
20-1306 Alan Dale Walker v. Mississippi Mississippi 2021-03-19 Denied capital-case capital-punishment ineffective-assistance ineffective-assistance-of-counsel investigation mitigation-evidence psychological-trauma sixth-amendment tactical-decisions trial-counsel 1. Did the Mississippi Supreme Court fail to adhere to this Court's Sixth Amendment jurisprudence requiring counsel in a capital case to conduct a tho…
20-7264 Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-26 Denied IFP adverse-effect brady-material conflict-of-interest constitutional-rights cuyler-standard cuyler-v-sullivan indigent-defense ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the prophylaxis of Cuyler should be extended to define the term "adverse affect" to establish a demonstration test involving actual conflicts …
20-7201 Jerry Neil Alfred v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-02-22 Denied IFP 2254-petition civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel successive-petition trial-counsel WHETHER DOCTRINE OF EQUITABLE TOLLING COULD BE PROPERLY INVOKED AND ULTIMATELY APPLIED BY DISTRICT COURT TO RENDER AN OTHERWISE UNTIMELY CLAIM THAT EX…
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 …
20-7178 Nolan C. Turner, III v. Louisiana Louisiana 2021-02-19 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief retroactivity right-to-counsel second-degree-murder trial-counsel Over Turner's objection, trial counsel told the jury the offense committed in this case was a general intent second degree murder and not the charged …
20-6983 Demarcus Cole v. Kevin Myers, Warden Sixth Circuit 2021-01-28 Denied Response WaivedIFP cellular-phone-evidence certificate-of-appealability criminal-procedure fourth-amendment habeas-corpus illegal-evidence ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress trial-counsel Did the Court of Appeals err in denying a Certificate of Appealability on trial counsel was ineffective, when counsel failed to file a pre-trial Motio…
20-6959 Mason Somers v. Jay Forshey, Warden Sixth Circuit 2021-01-27 Denied Response WaivedIFP attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel 1. Once trial counsel learns facts of a criminal case prior to receiving discovery from the government, provides that discoverable information to his …
20-6836 Julian P. Gutierrez v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-01-11 Denied IFP appellate-counsel appellate-review criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Whether the Petitioner received Effective Assistance of Counsel as guaranteed by the Sixth Amendment to the United States Constitution, viz.: a. Whet…
20-6805 Michael M. Williams v. Josh Stein, Warden Fourth Circuit 2021-01-08 Denied Response WaivedIFP 6th-amendment actual-innocence constitutional-violation criminal-procedure exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-law-relief trial-counsel Question not identified.
20-6806 Troy Merck, Jr. v. Florida Florida 2021-01-08 Denied IFP autonomy-defense criminal-defense due-process mccoy-v-louisiana sixth-amendment specific-intent trial-counsel voluntary-intoxication 1.Whether a defendant's "[a]utonomy to decide that the objective of the defense is to assert innocence." McCoy v. Louisiana , 138 S.Ct. 1500, 1508 (20…
20-6810 Michael Lanier Watkins v. Georgia Georgia 2021-01-08 Denied IFP criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel Did Petitioner receive ineffective assistance of counsel when his trial counsel, against Petitioner's instruction, asked the trial court to return a c…
20-6772 Christopher J. Spreitz v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-01-05 Denied IFP cognitive-impairment ineffective-assistance martinez-rule martinez-v-ryan mitigation-evidence post-conviction-relief procedural-default statutory-mitigating-factor trial-counsel When must the court of appeals remand to a court of first instance for application of this Court s intervening decision in Martines v. Ryan, 566 U.S. …
20-6634 In Re Karen Denise Chades 2020-12-15 Denied IFP collateral-proceedings constitutional-law constitutional-right due-process ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity strickland-v-washington teague-v-lane trial-counsel 1. This case necessitates an answer to a question of constitutional first law left open in Coleman v. Thompson, 501 U.S. 722 (1991), and again in Mart…
20-6530 Jamel Mobley v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-12-07 Denied Response WaivedIFP appellate-preservation appellate-process constitutional-ineffectiveness fair-trial ineffective-assistance ineffective-assistance-of-counsel new-trial-standard right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel 1. Whether trial counsel can be constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to preserve an issue for …
20-6514 Jimmy Ray Weatherholt, Jr. v. Virginia Virginia 2020-12-03 Denied IFP constitutional-rights criminal-prosecution due-process fair-trial judicial-conduct recusal right-to-counsel sixth-amendment trial-counsel The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his d…
20-6502 Sean P. Reilly v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-12-02 Denied Response WaivedIFP 2254-petition federal-habeas habeas habeas-corpus ineffective-assistance martinez-rule martinez-v-ryan post-conviction post-conviction-relief trial-counsel trial-counsel-claim 1. Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 132 S. Ct. 1309 (2012), and bring forth an otherwise un…
20-6473 Jessica Arnold v. United States Fifth Circuit 2020-11-30 Denied Response WaivedIFP appellate-review district-court failure-to-address judicial-discretion mitigation procedural-error sentencing sentencing-mitigation standard-of-review trial-counsel What standard applies to appellate review of the appeal of a district court's failure to address arguments of counsel in mitigation of sentencing, whe…
20-6275 William Ford v. Mike Parris, Warden Sixth Circuit 2020-11-12 Denied IFP burden-of-proof ineffective-assistance ineffective-assistance-of-counsel ineffective-assistance-of-post-conviction-counsel post-conviction-counsel prejudice-prong procedural-default self-defense sufficiency-of-the-evidence trial-counsel 1. WOULD JURIST OF REASON DISAGREE AND FIND DEBATABLE THE CORRECTNESS OF THE SIXTH AND DISTRICT COURTS' FINDING OF EFFECTIVE ASSISTANCE OF COUNSEL WHE…
20-6276 Arek R. Fressadi v. Arizona, et al. Arizona 2020-11-12 Denied Response WaivedIFP burden-of-proof constitutional-violations court-rules due-process equal-protection first-amendment ineffective-assistance judicial-misconduct judicial-review oath-of-office procedural-default self-defense state-law supreme-court trial-counsel venue-transfer venue-transfer 20-6275" Would a jurist of reason find debatable the correc 1) Whether failures to apply mandatory language of the U.S. Constitution, U.S. Supreme Court rulings, state law, and court rules are violations of the…
20-6245 Jovon C. Davis v. Willis Chapman, Warden Sixth Circuit 2020-11-09 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel T. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION AS WELL AS MICHIGAN CONSTITUTION OF 1963, ART.I, §2…
20-6144 David Allen Kuntz v. California California 2020-10-28 Denied Response WaivedIFP appellate-procedure coercion confession constitutional-rights due-process fifth-amendment fourteenth-amendment miranda-rights personal-autonomy psychological-evaluation trial-counsel 1. ClfMint's _ ri&tf VnJ&/ rtir<Mck V. c ~h^i c* F~) ■%'bk <ind *Hi Airi& /idw7€-h'j 'S ^<4.^ ^ov/'^ anj V6lvni'<zry wk&hC' d-&fe'Of->v r& VS&J O^crre…
20-464 James J. Rosemond v. United States Second Circuit 2020-10-09 Denied actus-reus capital-cases concession-of-guilt criminal-defendant criminal-procedure right-to-autonomy sixth-amendment trial-counsel In McCoy v. Louisiana, 138 S. Ct. 1500 (2018), this Court held that the Sixth Amendment grants criminal defendants a right to "autonomy" that permits …
20-448 Kenneth Ray Strickland v. Texas Texas 2020-10-08 Denied appellate-review assault corpus-delicti directed-verdict due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-rejection summation trial-counsel I. Whether it violates due process for an appellate court to reject without explanation a trial court's favorable dispositive fact findings that were …
20-5962 Erik Diaz-Colon v. United States First Circuit 2020-10-08 Denied Response WaivedIFP civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO ADVISE HIM OF HIS RIGHT TO TESTIFY AT TRIAL? WHETHER PETITIONER'S TR…
20-5397 Wilbert Romon Banks v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-08-18 Denied IFP constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan plea-bargaining racial-bias racial-discrimination trevino-v-thaler trial-counsel venue-change WAS BANKS CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL, RAISED FOR THE FIRST TIME DURING HIS FEDERAL HABEAS CORPUS PETITION, A SUBSTANTIAL CLAIM WITHIN …
20-5377 Brandon Ray Buckles v. United States Ninth Circuit 2020-08-17 Denied Response WaivedIFP §-2255-motion 28-usc-2255 due-process evidentiary-hearing federal-prisoner fifth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment trial-counsel Is it improper for a district court to summarily deny a federal prisoner's motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2…
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether the trial court should have granted Mr. Page's…
20-5221 Arthur James Martin v. Florida Florida 2020-07-30 Denied IFP brady-violation capital-trial criminal-procedure cumulative-error cumulative-error-analysis giglio-violation ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief strickland-test trial-counsel 1. Whether trial counsel's failure to investigate and present evidence that significantly undermines the State's case is deficient performance that re…
20-5086 Johnny Mack Sketo Calhoun v. Florida Florida 2020-07-16 Denied IFP brady-violation cumulative-error cumulative-error-analysis exculpatory-evidence giglio-violation ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-test trial-counsel 1. Whether trial counsel's failure to investigate and present exculpatory evidence, which significantly undermines the State's evidence is deficient p…
20-26 Wesley Ira Purkey v. United States, et al. Seventh Circuit 2020-07-15 Denied capital-punishment collateral-review federal-capital-prisoners federal-prisoners ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan post-conviction procedural-default trevino-v-thaler trial-counsel Whether and by what procedural mechanism federal capital prisoners who are in the analogous position of the state prisoners in Martinez and Trevino—i.…
19-8909 Grant Ruffin Haze v. Katy Poole, Administrator, Scotland Correctional Institution Fourth Circuit 2020-07-08 Denied IFP civil-rights criminal-procedure due-process evidence-presentation exculpatory-evidence fair-trial ineffective-assistance prosecutorial-misconduct sixth-amendment trial-counsel witness-tampering I. Didhe prosctiinteninalandepead oa wie ah ht mail cnaattonio o tialta tn t e I. Didcunses filuto prsentvidenc Petitner's milliondoll I-Phone case …
19-8880 David Harman v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility Seventh Circuit 2020-07-02 Denied Response WaivedIFP 14th-amendment amendment-rights appellate-counsel constitutional-violation counsel-opportunity due-process ineffective-assistance offer-of-proof reversal-error state-of-indiana trial-counsel GROUND ONE: Whether the State of Indiana denied Harman's due process right under the 14th Amendment to the United States Constitution committing rever…
19-8808 Randolph Ashford v. Michael Stephan, Warden Fourth Circuit 2020-06-24 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process evidence-tampering evidence-withholding ineffective-assistance ineffective-assistance-of-counsel jury-misconduct prosecutorial-misconduct trial-counsel Was the State of South Carolina City of Columbia, violate Ashford 4thj 5th, 6th, and 14th Amendment to the United States Constitutional Rights by With…
19-8584 Christopher Raynard Kidd v. United States Fifth Circuit 2020-06-02 Denied Response WaivedIFP criminal-defense due-process evidence-review ineffective-assistance ineffective-assistance-of-counsel legal-representation legal-standards prejudice sixth-amendment strickland-v-washington trial-counsel Whether trial counsel was ineffective for failing to review all the evidence with Mr. Kidd prior to trial?
19-8589 Ramon Enrique Acosta v. United States Eleventh Circuit 2020-06-02 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-bargaining sixth-amendment trial-counsel Whether reasonable jurists could debate the district court's determination that trial counsel was not constitutionally ineffective with respect to the…
19-8253 Rudolph Churchill v. Pennsylvania Pennsylvania 2020-04-14 Denied IFP constitutional-rights criminal-procedure due-process evidence hypothetical-question ineffective-assistance jury-instruction jury-instructions prosecutorial-misconduct sixth-amendment trial-counsel SIXTH AMENDMENT TO THE U.S. CONSTITUTION INEFFECTIVE ASSISTANCE OF COUNSEL (TRIAL COUNSEL) *FAILING TO REQUEST THAT THE JURY BE CHARGED WITH RESPECT …
19-8164 Eric T. Tolen v. Jeff Norman, Warden Eighth Circuit 2020-04-02 Denied IFP brady-claim disbarment exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel legal-procedure manifest-error prosecutorial-misconduct trial-counsel trial-court withheld-evidence Whether or not the Lower Court committed a manifest err of law in finding that "counsel's extensive litigation concerning the two seized boxes demonst…
19-7939 Robert James Pope, Jr. v. Wisconsin Wisconsin 2020-03-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal appellate-rights constitutional-right constitutional-rights criminal-procedure effective-assistance-of-counsel forfeiture ineffective-assistance-of-counsel presumption-of-prejudice pro-se pro-se-appeal right-to-appeal sixth-amendment trial-counsel Where trial counsel's ineffectiveness in failing to initiate an appeal results in a defendant's loss of appellate rights, can the constitutional right…
19-7948 Omar N. Davis v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-03-10 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sixth-amendment trial-counsel The main question in this petition is whether a petitioner's due process rights were violated because he had ineffective assistance of counsel. Here, …
19-7840 Victor Dewayne Jones v. Joe Errington Fifth Circuit 2020-03-02 Denied Response WaivedIFP civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel whather Petitioner was denied his right to bue Process of Law where the pike counts Circuit court convicted Petitioner with out a Mental Evaluation an…
19-7767 Octavio Torres Ortega v. Florida Attorney General, et al. Eleventh Circuit 2020-02-26 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process evidentiary-hearing factual-record ineffective-assistance ineffective-assistance-of-counsel judicial-review new-trial reversible-errors standing trial-counsel trial-errors QUESTION ONE SHOULD ANY OF THE REVIEWING COURT 'S HAVE REVERSED FOR AN EVIDENTIARY HEARING TO DEVELOP AN ACCURATE FACTUAL RECORD QUESTION TWO WAS C…
19-7712 Luis Ray Jaramillo, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-02-20 Denied IFP appeal appellate-counsel competence due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargain probation probation-revocation prosecutorial-misconduct sixth-amendment trial-counsel 1. Where Petitioner's state-trial court counsel did not pursue Petitioner's wishes, commands, and orders to file a second-perfected-appeal after Petit…
19-7621 Allanah Benton v. Shawn Brewer, Warden Sixth Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-counsel appellate-procedure constitutional-law constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-counsel DID THE STATE AND FEDERAL COURTS VIOLATE MS. BENTON'S RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL AND APPELLATE COUNSELS IN VIOLATION OF U.S. CONSTITUTIONA…
19-7524 In Re Lexter K. Kossie 2020-01-31 Denied IFP 28-U.S.C.-§-2244 28-usc-2244 constitutional-performance due-process habeas-corpus martinez-v-ryan Martinez-v.-Ryan mitigation-investigation procedural-default successive-petitions supreme-court-review trevino-v-thaler Trevino-v.-Thaler trial-counsel 1) Whether the Court's 'equitable' ruling permits Texas prisoners to avoid the successive requirements found at 28 U.S.C. § 2244(a) and (b) regarding …
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…
19-7377 Gerald Adger v. New York New York 2020-01-23 Denied Response WaivedIFP 6th-amendment appeal appellate-counsel conflict-of-interest criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel legal-argument procedural-error right-to-counsel trial-counsel weight-of-evidence 1. WAS THE APPELLATE ATTORNEY DAVID R. JUERGENS INEFFECTIVE ASSISTANCE OF COUNSEL FOR NOT RAISING ANY LEGAL ARGUMENT AGAINST THE WEIGHT OF EVIDENCE? …
19-6918 Michael Wade Nance v. Benjamin Ford, Warden Eleventh Circuit 2019-12-12 Denied IFP capital-punishment capital-sentencing circuit-split constitutional-rights habeas-corpus ineffective-assistance-of-counsel mitigation-strategy record-evidence strickland-v-washington stun-belt trial-counsel 1. The state habeas testimony of Michael Nance's trial counsel established that they inexplicably omitted highly mitigating evidence from Mr. Nance's …
19-6877 Christopher Rudolph Brown v. Florida Florida 2019-12-09 Denied Response RequestedResponse WaivedRelisted (3)IFP appellate-review civil-procedure civil-rights constitutional-error criminal-procedure double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief res-judicata standing trial-counsel Under the Laws and Rules of Res Judicata, ole if an issue was been litigated on and decided by the Court, would the Wish Court be departing from the e…
19-6727 Tyrone Marvin Andrews v. Noah Nagy, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP alibi-defense civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining sentencing sixth-amendment sixth-circuit-review strickland-v-washington trial-counsel DID THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SANCTION DECISIONS OF THE MICHIGAN COURT OF APPEALS AND FEDERAL DISTRICT COURT THAT CONFL…
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel 1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel. 2. Counsel was ineffective for not objecting …
19-6501 Alvin Felicianosoto v. United States Eighth Circuit 2019-11-06 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review autonomy constitutional-rights criminal-procedure defense-autonomy due-process ineffective-assistance ineffective-assistance-of-counsel McCoy-challenge mccoy-v-louisiana remand right-to-counsel sixth-amendment trial-counsel 1) Whether the Eighth Circuit Court of Appeals erred on direct review in failing to remand the case to the district court when a challenge under McCoy…
19-6535 Clarence Fry v. Ohio Ohio 2019-11-06 Denied IFP constitutional-right criminal-defendant due-process fair-trial fourteenth-amendment right-to-testify rock-v-arkansas self-representation sixth-amendment trial-counsel Is it unconstitutional for any Court to deny the Constitutional right to testify in one's own defense by placing the burden of making such desire know…
19-6488 Javier Yebra v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-11-04 Denied IFP appellate-procedure certificate-of-appealability constitutional-review due-process fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel merits-review standard-of-review supreme-court-precedent trial-counsel Did the United States Court of Appeals for the Fifth Circuit continue to impose an improper Certificate of Appealability (COA) standard that contraven…
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure 1). why didn't the First District Court oF Appeals, State of Florida, rule fairly in the Petitioner's Direct Appeal on the merits of the issues in the…
19-6351 Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-10-23 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i…
19-6333 Juan Gabriel Angulo-Cabrera v. United States Ninth Circuit 2019-10-22 Denied Response WaivedIFP codefendant criminal-procedure due-process effective-attorney evidence evidentiary-hearing false-accusations ineffective-assistance phone-records right-to-counsel sixth-amendment trial trial-counsel 1). Whether the District and Appellate Courts erred in denying Defendant an evidentiary hearing on his claim of ineffective assistance of trial couns…
19-6152 Marian Papacsi Owens v. Sue Mickens, Warden, et al. Eleventh Circuit 2019-10-03 Denied Response WaivedIFP certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure 1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the trial judge…
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter 1. Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable …
19-6030 Craig Elias v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-09-23 Denied Response WaivedIFP constitutional-claim due-process evidence evidence-promise ineffective-assistance ineffective-assistance-of-counsel legal-remedy sixth-amendment strickland-standard strickland-v-washington trial-counsel 1. Does Strickland apply to ineffectiveness claims vis-avis trial counsel's broken promise to produce evidence?
19-5694 Craig Farley v. Ralph Diaz, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-08-23 Denied IFP consciousness-of-guilt constitutional-rights counsel-performance criminal-trial exculpatory-evidence identification-evidence ineffective-assistance ineffective-assistance-of-counsel lack-of-identification-evidence phone-records sixth-amendment strickland-standard trial-counsel 1. Is there any reasonable argument that trial counsel satisfied the Strickland standard when he failed to introduce crucial lack of identification ev…
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE THIRD CIRCUIT AFFIRMED THE DISTRICT COURT'S RULING THAT TRIAL COUNSEL WAS NOT INEFFECTIVE FOR FA…
19-5389 Mervin R. Barteaux v. Jeff Premo, Superintendent, Oregon State Penitentiary Ninth Circuit 2019-07-29 Denied Response WaivedIFP court-error habeas habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan procedural-default trial-counsel trial-court-error writ-of-certiorari Whether where the procedural default of an ineffective assistance of trial counsel claim is excused under Martinez v. Ryan, 566 U.S. 1 (2012), that in…
19-5348 Stanley James Oliver v. Glenn Johnson, et al. Eleventh Circuit 2019-07-26 Denied Response WaivedIFP certificate-of-appealability credibility credibility-challenge habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel summary-reversal telephone-records trial-counsel A federal habeas petitioner challenging a state conviction cannot obtain appellate review unless and until a certificate of appealability ("COA") issu…
19-5291 Tyrone Jordan v. Charles L. Ryan, Director, Arizona Department of Corrections, et al. Ninth Circuit 2019-07-23 Denied Response WaivedIFP burden-of-proof constitutional-review habeas-corpus habeas-proceeding iac-claim ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction-counsel procedural-default standard-of-review trial-counsel What is the District Court's duty and what standard is the Court to apply to a habeas proceeding presenting a substantial and meritorious IAC claim of…
19-5222 James Arthur Meeks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-19 Denied IFP abuse-of-discretion appellate-review civil-procedure-bar-rule civil-rights constitutional-violations due-process ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct post-conviction-relief post-conviction-review procedural-bar standing trial-counsel DID THE STATE OF TEYAS PROPERLY APPLY THE PROCEDURAL BAR (STATUE OF LIMITATIONS iN WRITNO. W89-85S62T (C-D) PURSUANT TO ART. 11.O7(4 OFTHE CODE OFCRiM…
19-5255 Frank Lobacz v. United States Second Circuit 2019-07-19 Denied Response WaivedIFP 28-usc-2255 appellate-review court-of-appeals criminal-procedure due-process habeas-corpus ineffective-assistance judicial-error per-se-ineffectiveness procedural-default second-circuit section-2255 sixth-amendment strickland-v-washington trial-counsel 1. Whether it was error by the Court of Appeals for the Second Circuit, to affirm the lower court's denial of Petitioner's Petition pursuant to 28 U.S…
19-5126 Jesus M. Garcia v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-07-09 Denied IFP appellate-review constitutional-violation criminal-procedure due-process fourth-amendment habeas-corpus ineffective-assistance sixth-amendment trial-counsel wiretap wiretap-evidence DID THE DISTRICT COURT AND APPEALS COURT ERR IN DENYING APPELLANT RELIEF ON INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL DO TO COUNSEL'S FAILIN'G TO-OBOECT…
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…
18-9844 Garner Wood v. Les Parish, Warden Sixth Circuit 2019-06-27 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel The trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 1930 days after assuring…
18-9770 Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility Second Circuit 2019-06-24 Denied Response WaivedIFP criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel WHETHER THIS COURT SHOULD REVISIT THE CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL DURING PLEA NEGOTIATIONS WHEN COUNSEL FAILS TO DISCUSS THE PROS…
18A1320 Adnan Syed v. Maryland Maryland 2019-06-18 Presumed Complete alibi-evidence constitutional-rights criminal-procedure ineffective-assistance sixth-amendment trial-counsel Question not identified.
18-9652 Cedric McDonald v. United States Eighth Circuit 2019-06-13 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel jury-selection racial-bias sixth-amendment trial-counsel voir-dire WHETHER TRIAL COUNSEL RENDERED INEFFECTIVE COUNSEL IN FAILING TO OBJECT TO DISTRICT COURT'S USE OF A VIDEO IN VOIR DIRE, WHICH WAS DESINGED TO GET JUR…
18-9609 Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2019-06-11 Denied IFP collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance …
18-9556 Charles R. Willard v. California Department of Corrections and Rehabilitation Ninth Circuit 2019-06-05 Denied IFP certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment 1. Is the low threshold for a certificate of appealability ("COA") met on a claim that trial counsel provided prejudicially deficient performance when…
18-9385 Cargil Nicholson v. Rollin Cook, Commissioner, Connecticut Department of Correction Connecticut 2019-05-23 Denied IFP abuse-of-discretion appellate-review certification-of-appeal criminal-procedure discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel trial-counsel PETITIONER CERTIFICATION TO APPEAL FROM THE APPELLATE COURT? THE HABEAS COURT'S FINDING THAT TRIAL COUNSEL'S PERFORMANCE WAS NOT DEFICIENT? THE HABE…
18-9281 Randy Burke v. Diane Prosper, Acting Warden, et al. Virgin Islands 2019-05-15 Denied IFP 6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel INEFFEcTiVE ASSisTANCE OF COSEL is A 6AMENdMENT RiGHT ViolaTiON WItNES BEATRCE RENCE WHN TRiA COUNSEL EWTHAt is Cien RDBuRKE HAVE THE RigHT To bE CON…
18-8921 Hector Tellez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-19 Denied IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-time-period recent-precedence recent-precedent supremacy-clause supreme-court-precedent trial-counsel trial-outcome united-states-supreme-court WHAT IS A REASONABLE TIME PERIOD FOR TRIAL COUNSEL TO BE REQUIRED TO BECOME AWARE OF RECENT PRECEDENCE,BEFORE HE/ SHE MAY DEEMED INEFFECTIVE FOR FAILI…
18-8786 Stephen Krell v. Louisiana Louisiana 2019-04-11 Denied Response WaivedIFP constitutional-rights controlling-legal-principles deficient-advice effective-assistance-of-counsel legal-principles misapprehension-of-case plea-bargaining sixth-amendment trial-counsel trial-counsel-incompetence Whether the Sixth Amendment's right to the effective assistance to counsel during the plea bargaining stages of the proceeding is implicated when tria…
18-8712 John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-05 Denied IFP character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel 1. In Skipper v. South Carolina, 476 U.S. 1 (1986), the trial court ruled as irrelevant the testimony of two jailers and a "regular visitor" that Skip…
18-8689 Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-04-04 Denied IFP clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy I. Whether initial-postconviction review counsel provided ineffective assistance where counsel failed in the most basic sense to litigate a claim of i…
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…
18-8673 Jamael Stubbs v. United States Third Circuit 2019-04-02 Denied Response WaivedIFP 133 S.Ct. 2151 (2013) 6th-amendment alleyne-precedent alleyne-v-united-states constructive-amendment due-process ineffective-assistance sentencing sentencing-challenge sixth-amendment trial-counsel Whether trial counsel rendered ineffective assistance by failing to preserve either a sentencing challenge or a constructive amendment claim under All…
18-8643 Joseph Lee Flores v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP bias criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel juror-bias jury-selection sixth-amendment trial-counsel voir-dire WHETHER VENIREMAN WHO STATED DURING VOIR DIRE THAT HIS ABILITY TO BE FAIR WOULD BE AFFECTED BY PRIOR EXPERIENCE WITH CRIME EXPRESS BIAS, RENDERING COU…
18-8655 Nicholas Ryan Holloway v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-04-01 Denied Response WaivedIFP appellate-attorney appellate-review ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-counsel prejudice prejudice-analysis sixth-amendment sixth-amendment-right-to-counsel strickland-standard trial-counsel Mr. Holloway alleges that his post-conviction counsel's ineffectiveness prejudiced the defense when he failed to seek suppression of incriminating evi…
18-8510 Travis Thaniel v. Maryland Maryland 2019-03-21 Denied Response WaivedIFP appellate-counsel criminal-procedure direct-appeal due-process federal-law ineffective-assistance ineffective-assistance-of-counsel retroactivity right-to-be-present right-to-presence state-law trial-counsel weaver-retroactivity weaver-v-massachusetts 1. DOES THE FEDERAL' L'AW OF WEAVER V. MASSACHUSETTS, 137 S.Ct. 1899 (2017); HAVE RETROACTIVE APPLICATION IN THE STATE OF MARYL'AND? 2. DOES A TRIAL!…
18-1194 Shane Crutchfield v. Jeff Dennison, Warden Seventh Circuit 2019-03-14 Denied Response Waived due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review martinez-trevino-exception post-conviction-review procedural-default state-court-proceedings trial-counsel trial-record Whether the exception to procedural default established in Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 569 U.S. 413 (2013), is categor…
18-8316 Ricardo Guerrero v. United States Fifth Circuit 2019-03-07 Denied Response WaivedIFP brady-materials criminal-justice-act evidentiary-hearing evidentiary-hearings expert-services habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-rights rule-5(b) section-3500(b) trial-counsel THE PROVISIONS OF THE HABEAS CORPUS STATUTE AT RULE 5(b), MANDATES ANSWER TO ALLEGATIONS PRESENTED THE GOVERNMENT'S FAILURE TO ADDRESS THE ISSUE ALLOW…
18-8199 Michael DeVaughn Johnson v. Arizona Arizona 2019-02-28 Denied IFP automatic-reversal constitutional-law constitutional-rights conviction criminal-procedure critical-stage critical-stages due-process habeas-corpus ineffective-assistance right-to-counsel sixth-amendment trial-counsel Was The ARIZONA STATE COURTS ceCISION that the abSeNCe Of the retitioner's trial counsel during two complet critical Stages" of the trial did not requ…
18-8131 Adelfo Pamatmat v. United States Sixth Circuit 2019-02-26 Denied Response WaivedIFP constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel I. WHETHER PETITIONER RECEIVED THE EFFECTIVE REPRESENTATION OF TRIAL COUNSEL WHEN COUNSEL FAILED TO PROPERLY INVESTIGATE THE CASE AND THE SIXTH CIRCUI…
18-8141 Brian Taylor v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-26 Denied IFP abuse-of-discretion alibi-witness civil-rights constitutional-rights criminal-procedure double-jeopardy due-process evidence ineffective-assistance prosecutorial-misconduct trial trial-counsel 1 - HAS TRIAL COUNSEL INEFFECTIVE FOR NOT CALLING ALIPI WITNESS? P. WAS TRIAL COUNSEL INEFFECTIVE FOR VIOLATING PETITIONERS OLIE PROSSEE OF LAW PUY N…
18-8113 Troy Arnaud v. Darrel Vannoy, Warden Fifth Circuit 2019-02-22 Denied Response WaivedIFP attorney-client client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify self-representation sixth-amendment trial-counsel Whether Arnaud was denied his constitutional right to the effective assistance of counsel. Whether Arnaud's trial counsel violated client autonomy. …
18-7888 Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-02-11 Denied IFP constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO CONDUCT ANY PRETRIAL INVESTIGATIONS TO AT LEAST INTERVIEW POTENTIAL WITNESSES THAT COULD HAVE SUPPORTED P…
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court erred in finding trial counsel ineffective for failing to present the Spartanburg Regional Hospital security surveillance camera video …
18-7678 Alfonso Hernandez v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP client-attorney-relationship client-autonomy constitutional-rights criminal-procedure due-process ineffective-assistance motion-to-dismiss sixth-amendment sixth-amendment-right-to-counsel sixth-circuit speedy-trial-act trial-counsel Can a defense lawyer, consistent with the Sixth Amendment, contravene his client's wishes to object to a violation of the Speedy Trial Act? Whether t…
18-7590 Joshua Jacobs v. Texas Texas 2019-01-28 Denied IFP 5th-amendment 6th-amendment bias constitutional-rights due-process effective-assistance-of-counsel fair-and-impartial-jury fair-trial impartial-jury judicial-discretion jury-selection trial-counsel trial-procedure voir-dire I. When trial-judge-imposed limitations on voir dire interfere with trial counsel's ability to identify veniremembers whom may be challengeable for ca…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Petitioner contends that his trial counsel, Eddie Jordan, was ineftective because he: erroneously advised Petitioner that, by pleading guilty without …
18-7460 Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied IFP adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court In claim one and two, did the trial court fail to attach portions of the record. In claim 3(A), did trial counsel fail to investigate criminal acts a…
18-7405 Gary Lee Beason v. Indiana Indiana 2019-01-14 Denied Response WaivedIFP appellate-counsel-ineffectiveness appellate-review child-molestation collateral-attack criminal-procedure due-process fundamental-rights habeas-corpus ineffective-assistance judicial-bias state-action trial-counsel trial-counsel-ineffectiveness I. Beason's trial judge made an election campaign promise to put more child molesters in jail before presiding over Beason's trial on child molestatio…
18-7089 Esau Milliner v. Kathy Litteral, Warden Sixth Circuit 2018-12-19 Denied Response WaivedIFP appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally entitled when trial counsel failed to present readi…
18-742 Brandon Washington v. Alabama Alabama 2018-12-11 Denied Response RequestedResponse WaivedRelisted (2) constitutional-review cumulative-effect cumulative-error due-process ineffective-assistance performance prejudice prejudice-analysis right-to-counsel strickland-standard strickland-v-washington trial-counsel trial-counsel-errors Whether, under Strickland v. Washington, 466 U.S. 668 (1984), a court assessing the prejudice resulting from trial counsel's errors should consider ea…
18-6944 Jose Luis Vizcaino-Ramos v. Cherry Lindamood, Warden Sixth Circuit 2018-12-06 Denied Response WaivedIFP civil-rights due-process exhaustion-doctrine exhaustion-of-state-remedies habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-rule martinez-v-ryan procedural-default tennessee tennessee-post-conviction-procedures trial-counsel 1. Whether under Martinez v. Ryan, 132 S.Ct. 1309 (2012), a prisoner confined pursuant to a Tennessee Judgment may assert ineffective assistance of in…
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…
18-6764 Kenneth Ray Borders v. United States Eighth Circuit 2018-11-20 Denied Response WaivedIFP constitutional-rights criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal presumption-of-prejudice roe-v-flores-ortega sixth-amendment trial-counsel Does the "presumption of prejudice" recognized in Roe v. FloresOrtega , 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial coun…
18-6696 Octavio Torres Ortega v. Pam Bondi, Attorney General of Florida Eleventh Circuit 2018-11-16 Denied IFP appeal criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal motion-to-suppress public-defender speedy-trial trial-counsel witness-credibility QUESTION ONE DID THE TRIAL COURT ERR IN DENYING A JUDGMENT OF ACQUITTAL QUESTION TWO WAS APPELLATE COUNSEL WAS INEFFECTIVE IN THE APPEAL PROCESS QUE…
18-6721 Gavin Cullens v. Cindi Curtin, Warden Sixth Circuit 2018-11-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense trial-counsel DID THE TRIAL COURT ERR WHEN IT GAVE OUT SELF DEFENSE INSTRUCTION FOR COMPLAINANTS WHO WERE NOT ACCUSED OF ANY CRIMES TO WARRANT A DEFENSE? ALTERNATIV…
18-6102 Anthony Mayes, Jr. v. United States Second Circuit 2018-09-25 Denied Response WaivedIFP collateral-proceedings due-process federal-statutes judicial-review pro-se pro-se-litigant procedural-default trial-counsel Whether a pro se litigant's failure to address on direct appeal trial counsel's procedural default of client's fundamental due process rights, for app…
18-6035 Zachary Chambers v. United States Third Circuit 2018-09-20 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel 1. Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed …
18-6047 Leo Llowlyn Seed v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2018-09-20 Denied IFP alibi appeal charging-information civil-rights constitutional-rights criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions trial-counsel verdict-form witness-investigation Whether Trial Counsel was ineffective for failing to object to incomplete Jury instructions Whether Trial Counsel failing to object to the Alibi And …
18-6053 Donald Lee Kissner v. Michigan Michigan 2018-09-20 Denied IFP due-process effective-assistance full-and-fair-review guilty-plea lafler-v-united-states michigan-courts strickland-v-united-states trial-counsel Whether the Petitioner has a due process right to effective assistance pursuant to Lee vs. united states, 583 U.5-; 1375.C7 1958 (2017). whether the …
18-6015 Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden Seventh Circuit 2018-09-18 Denied Response WaivedIFP cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel Were Acker dents Sixth Ameadment rights tt preloted when DD frial counsel Farled to utilize an expert ness trial counsel farted te present delense He…
18-6029 Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. Third Circuit 2018-09-18 Denied Response WaivedIFP cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings QUESTION ONE: Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner 's right to effective assistance…
18-5772 Aurelio Fidencio Saldivar v. G. D. Lewis, Warden Ninth Circuit 2018-08-28 Denied IFP habeas-corpus ineffective-assistance sixth-amendment strickland strickland-standard tactical-rationales trial-counsel 1. Is a habeas corpus petitioner alleging a Sixth Amendment claim of ineffective assistance of trial counsel required to address and rebut hypothetica…
18-5736 Joshua Moses v. United States Third Circuit 2018-08-24 Denied Response WaivedIFP conflict-of-interest constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel multiplicitous-indictment prosecutorial-misconduct sixth-amendment trial-counsel Whether the Prosecutor's conduct in charging petitioner with a multiplicitous indictment to gain a tactical advantage so infected the trial with unfai…
18-5676 Ernest Morris v. Pennsylvania Third Circuit 2018-08-23 Denied IFP cell-phone-records cell-phone-tower-records constitutional-rights criminal-procedure double-jeopardy duress-defense fair-trial ineffective-assistance ineffective-assistance-of-counsel standing suppression trial-counsel unqualified-counsel I. Did counsel provide ineffective assistance of counsel where Direct appeal counsel abandoned the suppression of cell phone tower records after the…
18-5649 Charles Richardson v. Jason Kent, Warden Fifth Circuit 2018-08-20 Denied IFP criminal-appeal criminal-procedure due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-misconduct recusal trial-counsel venue Whether the prosecutor's improper arguments resulted in an unfair trial and a guilty verdict of murder instead of a lesser charge thereto? Did the Fi…
18-5563 Peter Cain Bruton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-13 Denied IFP closing-argument extraneous-offenses ineffective-assistance ineffective-assistance-of-counsel mistrial motion-in-limine prosecutorial-misconduct trial-counsel violation violation-of-court-order Before the trial, Petitioner's trial counsel filed a motion in limine, which was granted by the trial court. By adoption, the court ordered that, if t…
18-188 Ivy T. Tucker v. United States Seventh Circuit 2018-08-10 Denied Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-deficiency constitutional-law criminal-procedure ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum offense-of-conviction out-of-circuit-precedent procedural-default sentencing sentencing-guidelines trial-counsel I. Whether trial counsel's failure to make an argument that courts of appeals outside the circuit have accepted (and the circuit has not addressed) ma…
18-5379 Marilyn Kaye Freeman v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2018-07-27 Denied IFP appellate-counsel california-supreme-court due-process fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-disqualification precedent state-court-proceedings supreme-court-review trial-counsel Whether reinstatement of a previously disqualified judge deprived appellant of due process and a fair trial? Whether trial or appellate counsel rende…
25A568 Leroy Thomas Joyner, Jr. v. United States Eleventh Circuit Denied ineffective-assistance right-to-counsel sentencing sixth-amendment transcript-access trial-counsel Question not identified.
24A723 Marion Bowman, Jr. v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. South Carolina Denied death-penalty ineffective-assistance racial-bias sixth-amendment strickland-standard trial-counsel Question not identified.