trial-court

146 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6744 C. Holmes, aka Cynthia Elaine Collie v. James Kevin Holmes South Carolina 2026-02-06 Pending IFP case-law constitutional-provisions due-process jurisdiction procedural-rights trial-court I. Jurisdiction Can be Raised at Any Time and Cannot Be Waived II. The Trial Court Stay Should Be Sustained Pending Resolution of Jurisdiction and De…
25-6544 Louis Olivarria v. California California 2026-01-12 Pending IFP appellate-review deliberations impartial-jury juror-dismissal sixth-amendment trial-court What standard applies when appellate courts review a trial court's dismissal of a juror during deliberations to determine whether the dismissal was ba…
25-6191 Duane E. Adams v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-11-21 Denied Response WaivedIFP charging-document constitutional-rights due-process judicial-procedure subject-matter-jurisdiction trial-court WAS ADAMS ' CONSTITUTIONAL RIGHT TO DUE PROCESS VIOLATED WHEN THE TRIAL COURT CONDUCTED A TRIAL AND ENTERED A JUDGMENT, WITHOUT HAVING SUBJECT MATTE…
25-6158 John Nock v. United States Eighth Circuit 2025-11-19 Pending IFP constitutional-rights criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court APPOINT SUBSTITUTE 10 TCOnN <S?T'S REFUS AL to nock's SIXTH AMENDMENT URSTrmt VI0LATED MR. representation ? DMENT RIGHT To effective ■noc™sR fifth a…
25-5426 Reginald Bertram Johnson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2025-08-22 Denied Response WaivedRelisted (2)IFP appellate-review confrontation-clause constitutional-rights fair-trial sixth-amendment trial-court The following question stems from the Eleventh Circuit Court of Appeals' Published Opinion regarding claims asserted by Mr. Johnson. 1. Whether the U…
25-5454 Marquis Luis Rosado v. Florida Florida 2025-08-22 Denied IFP constitutional-violation controlled-substance criminal-law fentanyl-distribution jury-instruction trial-court WHETHER THE TRIAL COURT VIOLATED TO UNITED STATES CONSTITUTION BY DEVIATING FROM FLORIDA 'S STANDARD JURY INSTRUCTION ON DEATH BY UNLAWFUL DISTRIBUTIO…
25-5224 Kelechi Collins Umeh v. United States First Circuit 2025-07-29 Denied Response WaivedIFP criminal-conviction defendant-rights jury-trial structural-error trial-court waiver Is it structural error for a trial court to enter a conviction against a defendant who did not expressly waive his right to a jury trial?
25-5094 Awad Mustafa v. HTS Services, Inc., et al. Texas 2025-07-14 Denied Response WaivedIFP constitutional-rights due-process federal-claims jurisdiction supremacy-clause trial-court 1- Whether the state 's trial court has jurisdiction to hear this case with its federal claims, and whether the trial court 's final judgment to dism…
25-5005 Tawsif Tajwar v. United States Sixth Circuit 2025-07-01 Denied Response WaivedIFP cumulative-error evidence-suppression jury-instructions mental-state sixth-amendment trial-court Whether a determinative response by the trial court to a jury question posed during deliberation regarding a question of fact results in prejudice to …
24-7344 Sheterria Lanelle Jackson v. Florida Florida 2025-06-03 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance motion-to-suppress sixth-amendment trial-court I. DID THE TRIAL COURT ERR WHEN IT DENIED PETITIONER'S CLAIM THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO CHALLENGE EVIDENCE PRESENTED AND FOR FAILING …
24-1091 Christopher Kiely, et al. v. Sherene Fagon, Administrator of the Estate of Zoe Dowdell Second Circuit 2025-04-18 Denied Response Waived interlocutory-appeal jurisdiction qualified-immunity second-circuit trial-court undisputed-facts 1. Whether the Second Circuit Court of Appeals erred in declining to exercise jurisdiction over Defendants' interlocutory appeal of the trial courts d…
24-6970 Brian Kerry O'Keefe v. Eighth Judicial District Court of Nevada, Clark County, et al. Nevada 2025-04-11 Denied IFP appellate-authority constitutional-duty federal-jurisdiction manifest-injustice supremacy-clause trial-court Whether the Supremacy Clause justifies a stay once the trial court had been protected harp actice that the Competent federal CoA purel had exercised p…
24-6915 George Valentino Sloan v. Washington Washington 2025-04-02 Denied IFP constitutional-rights continuance due-process judicial-discretion speedy-trial trial-court 1. Did the trial court violate the Petitioner's Constitutional right to a speedy trial when the trial court kept granting stated continuance motions o…
24-6855 Eric Rogers v. United States Sixth Circuit 2025-03-25 Denied Response WaivedIFP curative-instructions due-process fourteenth-amendment pretrial-conduct trial-court witness-identification Does the Due Process Clause of the Fourteenth Amendment require a new trial when a witness's in-court identification of the defendant is tainted by su…
24-6332 Andrew Jason Peterson v. Wisconsin Wisconsin 2025-01-17 Denied Response WaivedRelisted (2)IFP colloquy counsel-denial defendant-rights sequestration-order sixth-amendment trial-court Federal Circuits have broadly held that the Perry v. Leeke and U.S. v Geders decisions protect the right to discuss testimony on an extended or overni…
24-6325 Samuel Lee Smith, Jr. v. Natasha Katherina Smith Florida 2025-01-16 Denied IFP 14th-amendment 5th-amendment due-process notice-and-opportunity stay-away-order trial-court Did the trial court violated the Petitioner's fundamental right to due process notice and opportunity to be heard, as guaranteed by the 5th and 14th A…
24-6173 James Louis Lange, II v. Texas Texas 2024-12-18 Denied IFP competency-hearing court-of-criminal-appeals criminal-procedure due-process mental-competency trial-court Did the Texas Court of Criminal Appeals err in denying Applicant's contention that the trial court did not conduct a proper competency inquiry because…
24A533 Adeena Weiss-Ortiz v. Carolina Weiss, et al. Florida 2024-12-03 Denied due-process fifth-amendment fourteenth-amendment independent-judgment proposed-judgment trial-court Question not identified.
24-557 David Asa Villarreal v. Texas Texas 2024-11-18 Judgment Issued Amici (7)Response RequestedResponse WaivedRelisted (3) constitutional-rights criminal-procedure defendant-testimony right-to-counsel sixth-amendment trial-court Whether a trial court abridges the defendant's Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defen…
24-5855 Andrew Fields v. New York Department of Corrections and Community Supervision Second Circuit 2024-10-29 Denied Response WaivedIFP appellate-review constitutional-rights criminal-appeal ineffective-counsel legal-procedure trial-court Question not identified.
24-5749 Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. Fourth Circuit 2024-10-11 Denied Response WaivedIFP appellate-review failure-to-state-claim federal-rules res-judicata sovereign-immunity trial-court 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY AFFIRMING THE LOWER COURT DECISION BASED ON THE ASSERTIONS OF FAILURE TO STATE A CLAIM, FAILURE…
24-5514 Christopher Jensen v. Illinois Illinois 2024-09-11 Denied Response WaivedIFP appellate-review criminal-procedure evidence-law jury-instructions sentencing trial-court 1) When for A Whit of Cerbirar To decide which leecrd es tle altinse attihat al 2) do tu< dide_rihal Kecard 2 atturabe ac Cortect wtep. 3) When ted …
24-253 Avery Curry Archuleta, aka Avery Archuleta v. United States Ninth Circuit 2024-09-06 Denied Response Waived criminal-procedure jury-instruction legal-standard self-defense trial-court unanimity The Petitioner, Avery Curry Archuleta, asks this Court to clarify that trial courts instruct juries that any decision on a self-defense must be unanim…
24-5063 Bruce Rowan v. Brian Emig, Warden, et al. Third Circuit 2024-07-12 Denied Response WaivedIFP bail-conditions constitutional-rights criminal-procedure due-process fourteenth-amendment lower-court trial-court Does a conviction for breach of bail conditions-set by lower court-violate the protections of the Fourteenth Amendment right to due process, where tri…
23-7569 Raymond Woodley v. North Carolina North Carolina 2024-05-28 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process ineffective-assistance multiple-representation sixth-amendment strickland-prejudice strickland-standard sullivan-standard trial-court When counsel alerts the trial court to a conflict of interest not involving multiple representation, and the trial court fails to resolve the conflict…
23-7484 Lorenzo M. Wilson, et ux. v. Ford Motor Company, et al. Alabama 2024-05-15 Denied Response WaivedRelisted (2)IFP arbitration civil-procedure constitutional-requirement due-process finding-of-fact finding-of-law findings-of-fact findings-of-law motion-to-compel trial-court DOES THE UNITED STATES CONSTITUTION REQUIRE THE TRIAL COURT TO MAKE A FINDING OF FACT AND LAW IN THE GRANTING OR DENYING A MOTION TO COMPEL ARBITRATIO…
23-6975 D'Amantae Graham v. Ohio Ohio 2024-03-13 Denied IFP constitutional-rights criminal-defendant criminal-procedure due-process pro-se-representation self-representation sixth-amendment sovereign-citizen trial-court Can a trial court deny a criminal defendant the right to self-representation solely because he was designated a sovereign citizen?
23-6903 Glenn Albright v. Will Roberts, Volusia County Tax Collector, et al. Florida 2024-03-06 Denied Response WaivedRelisted (2)IFP constitutional-law criminal-law due-process ex-post-facto financial-penalty former-offenders judicial-review statutory-interpretation statutory-requirement takings trial-court Whether the trial court erred by finding that a statutory requirement that former offenders must pay $31.25 did not constitute an ex post facto violat…
23-937 Joshua James Duggar v. United States Eighth Circuit 2024-02-28 Denied alternative-perpetrator complete-defense constitutional-rights criminal-defense criminal-procedure due-process evidence evidence-exclusion trial-court trial-court-discretion Does the exclusion of relevant evidence of an alternative perpetrator based on a trial court's conclusion it is too speculative violate a criminal def…
23-6307 Veronica McCluskey v. William Hendricks, et al. California 2023-12-20 Denied Response WaivedIFP civil-procedure cross-examination due-process fair-hearing jury-trial legal-conduct reversible-error standing trial-court witness-testimony 1. The Court Should Grant Review To Clarify Whether The Trial Court Committed Reversible Error In Not Granting Respondent A Jury Trial In The First In…
23-6293 Shallon Hawkins v. David Vandergriff, Warden Eighth Circuit 2023-12-18 Denied Relisted (2)IFP actual-innocence civil-rights criminal-procedure due-process evidence-admissibility habeas-corpus ineffective-assistance-of-counsel motion-to-suppress newly-discovered-evidence prosecutorial-misconduct trial-court Did the United States District Court error, by denying my Claims for procedural defaultier tl rue thon, under Nociner, Glenn furstamental Fcnesy Vewly…
23-452 Michigan v. Anthony Joseph Veach Michigan 2023-10-30 Denied 6th-amendment child-rape child-victim courtroom-closure public-trial sixth-amendment technicality trial-court trial-procedure victim waller-standard Does the Sixth Amendment right to a public trial require subjecting the child rape victim to an automatic retrial based on a technicality when there a…
23-5882 Walter Lee Merritte v. Circuit Court of Illinois, LaSalle County Illinois 2023-10-26 Denied Response WaivedRelisted (2)IFP case-number civil-procedure criminal-law due-process habeas-corpus jurisdiction legal-authority order-validity procedural-challenge standing trial-court Whether The State Trial Court's October 29, 1990 Order Was Issued Without Authority And Is Void For Want Of Jurisdiction?
23-5702 Ian A. Milaski v. Florida Florida 2023-10-03 Denied Relisted (2)IFP arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court Whether the trial court's arbitrary and unreasonable denial of a continuance (i.e., "I have full confidence in [current defense counsel's] ability to …
23-5505 Jacques Lamar Walker v. Virginia Virginia 2023-08-31 Denied Response RequestedResponse WaivedRelisted (4)IFP bank-robbery criminal-procedure due-process evidence fourteenth-amendment trial-court witness-identification Whether The Supreme Court Of Virginia Erred In Refusing To Reverse Petitioner Jacques Lamar Walker's Convictions Because The Trial Court Violated The …
23-5349 Elbert Johnson v. Florida Florida 2023-08-14 Denied IFP conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony When a circuit court judge is called upon, to be a witness against a defendant in a case, and then later on, sentence the defendant in the same case r…
22-7829 James Platte, Jr. v. Sarah Schroeder, Warden Sixth Circuit 2023-06-21 Denied Response WaivedIFP 6th-amendment constitutional-rights due-process hybrid-representation judicial-discretion self-representation standing trial-court DID THE TRIAL COURT'S SUBSTITUTION OF HYBRID REPRESENTATION OVER SELF-REPRESENTATION VIOLATE PETITIONERS CONSTITUTION RIGHTS?
22-7668 Niki Hamidi v. Ike M. Iqbal, et al. California 2023-05-31 Denied Response WaivedIFP 14th-amendment 1st-amendment civil-procedure civil-rights discovery-sanctions due-process pro-se pro-se-litigant trial-court Whether the 1st and 14th Amendment impose a duty on the trial court to inform and provide certain warnings and opportunities to pro se litigants prior…
22-7575 Larry Edmond v. Tommy Williams, Warden Tenth Circuit 2023-05-16 Denied Response WaivedIFP civil-rights confrontation-clause constitutional-rights due-process impartial-jury ineffective-assistance jury-bias racial-bias racial-discrimination structural-error trial-court 1. Whether district court trial abuse its discretion and violated the defendant's constitutional right to an impartial jury when it refused to grant a…
22-1105 Carlo Giuseppe Civelli, et al. v. JPMorgan Chase Securities, L.L.C., et al. Fifth Circuit 2023-05-11 Denied Response Waived appellate-procedure appellate-review civil-procedure fifth-circuit notice notice-requirement preservation sua-sponte summary-judgment trial-court For decades preceding 2010, this Court and several circuit courts held it was improper for a trial court to sua sponte grant summary judgment, without…
22-7399 John Robert Murphy v. Texas Texas 2023-04-28 Denied IFP appellate-counsel due-process habeas-corpus ineffective-assistance-of-counsel recusal trial-court Whether a habeas applicant is denied a fair trial in a fair tribunal in violation of the Due Process Clause of the Fourteenth Amendment when he files …
22-1012 Janet Austen v. Franklin Herman Maryland 2023-04-18 Denied alimony alimony-calculation appeals appellate-review family-law income-calculation income-determination judicial-discretion marital-dissolution permanent-alimony trial-court Most importantly, if the trial Judge miscalculated the alimony recipient's monthly income (or pay) was it right for the appeals court to uphold her de…
22-7225 Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-06 Denied Response WaivedIFP constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court 1.) Whether a trial court is constitutionally required to conduct an extensive inquiry into, and make a judicial finding of, the factual basis of a gu…
22-7235 Adam Chism v. Mississippi Mississippi 2023-04-06 Denied IFP criminal-procedure due-process illegal-sentence interest-of-justice plain-error sentencing trial-court WHETHER CHISM WAS DENIED DUE PROCESS OF LAW WHEN PLAIN ERROR WAS COMMITTED BY THE TRIAL COURT IN IMPOSING AN ILLEGAL SENTENCE AS A MATTER OF LAW AND/O…
22-6714 Wilson Laboriel v. William Lee, Superintendent, Eastern New York Correctional Facility Second Circuit 2023-02-06 Denied IFP 6th-amendment constitutional-rights counsel-substitution due-process effective-assistance federal-procedure habeas-corpus ineffective-assistance standard-of-review trial-court CAN THE UNITED STATES COURT OF APPEALS SANCTION THE DISTRICT COURT'S RECHARACTERIZATION OF A PETITIONER'S CLAIM AFTER SUCH CLAIM HAS BEEN LIBERALLY CO…
22-6681 Shane Swindall Chambers v. Fredeane Artis, Acting Warden Sixth Circuit 2023-02-01 Denied Response WaivedIFP actus-reus constitutional-rights criminal-procedure due-process evidence jury-instructions mens-rea modus-operandi other-acts-evidence trial-court WHETHER PETITIONER WAS DEPRIVED OF HIS LIBERTY WITHOUT FIRST THE DUE PROCESS OF LAW WHERE A FALSE MODUS OPERANDI REQUIRED TO ADMIT OTHER ACTS EVIDENCE…
22-6547 Kashai Jones v. Illinois Illinois 2023-01-17 Denied Response WaivedIFP constitutional-law criminal-procedure due-process illinois-supreme-court judicial-discretion jury-instructions jury-selection legal-principles plain-error trial-court wainwright-v-witt 1) Illinois Supreme Court Rule 451 requires the West court and accepts' certain principles which are at the heart of certain oral accepts' certain pri…
22-5955 Christopher Wade v. Florida Florida 2022-11-01 Denied IFP 14th-amendment 6th-amendment civil-rights conflict-of-interest constitutional-rights counsel-rights due-process effective-assistance effective-assistance-of-counsel petitioner-claims trial-court TVle PtfvfveyftPv /ip/Mtad His fct\/vM<liWKflT K\^VtT& To ew-wrtwii iass 'xstm^ of Mdiink uKitiam ukhtM srrtsTts oomst VW iom 3. ^ Wi^S 'VAt ^t~\\i\QU…
22-5832 Robert Joseph Schmitt v. Texas Texas 2022-10-13 Denied IFP concurrent-sentences criminal-sentencing cumulation due-process legislative-intent sentence-cumulation statutory-interpretation texas-law texas-legislature trial-court Was respondent denied due process of law when the trial court cumulated respondent 's two twenty year sentences when the law in effect enacted by the …
22-5153 Ramon A. Boyce v. Ohio Ohio 2022-07-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process evidence-authentication prejudice pro-se-defendant self-representation trial-court trial-court-discretion 1.) Has a criminal Defendant's constitutional right to self-representation been violated by a trial court, if that court unreasonably delays the Defen…
21-7879 Stanley Cookston v. Florida Florida 2022-05-16 Denied Response WaivedIFP competency competency-hearing constitutional-rights due-process fair-trial retrospective-determination trial-court trial-court-procedure The Fifth District Court of Appeal reversed and remanded this case for the trial court to determine whether it could conduct a hearing to determine Co…
21-7827 Stephen Luis Haro v. United States Ninth Circuit 2022-05-10 Denied Response WaivedIFP confrontation-clause due-process evidence-rule fair-trial government-negligence material-witness sixth-amendment trial-court 1. Whether the trial court deprived Haro of his Sixth Amendment right to confrontation when it admitted at trial the unconfronted, out-of-court testim…
21-1392 Abigail Simon v. Jeremy Howard, Warden Sixth Circuit 2022-04-29 Denied Response Waived actus-reus certiorari-review criminal-law criminal-sexual-conduct due-process jury-instructions legal-error sexual-assault standard-of-review trial-court Whether this court should grant certiorari because the state trial court judge gave erroneous jury instructions on the critical actus reus element of …
21-7729 William Gerard Wallace v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-04-27 Denied IFP civil-action civil-procedure criminal-charge criminal-procedure due-process florida-state-law judicial-error jurisdiction plea-bargaining standing trial-court Is the Florida State trial court at error when allowing the petitioner to plea out to a non-existing criminal charge that constitutes civil action?
21-7540 In Re Rufus Paul Harris 2022-04-05 Denied Response WaivedIFP constitutional-right fair-trial in-absentia pro-se-defendant pro-se-representation self-representation sixth-amendment stand-by-counsel trial-court The question presented by this case has never been addressed to permit existing stand-by counsel to assume representation for an 'in absentia' pro-se …
21-7338 Chandler Saxton v. Georgia Georgia 2022-03-10 Denied Response WaivedIFP appellate-review civil-rights constitutional-rights criminal-conviction cumulative-error due-process fair-trial judicial-review medical-issues procedural-error trial-court /}$ A TomiTv of cowimive emoR's nvciooim 16NOfeO /HCOlCrtc jssyfS. THf Cur>wL/>TJi€ EftfloR OocWui/6 S/TvS It UIUL REUERSE >» Gm/uiCTiort UHE/V W nG&…
21-7244 Walter L. Merritte v. Illinois Illinois 2022-03-03 Denied IFP appeal constitutional-law criminal-information criminal-procedure due-process legal-procedure standing state-court trial-court Whether petitioner's due process rights were violated when the state trial court granted Respondent leave to file the criminal information?
21-1184 Joyce D. Hutton, et al. v. Hyundai Motor America, et al. Mississippi 2022-02-28 Denied Response Waived civil-procedure constitutional-rights due-process fourteenth-amendment jury-verdict standard-of-review state-court-review supreme-court trial-court Did the Mississippi Supreme Court violate the due process rights of the Petitioners under the Fourteenth Amendment of the Constitution of the United S…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether this Honorable Court should grant review to decide an important question of federal law—whether a criminal defendant can forfeit or waive his …
21-6662 Bryant Christopher Watts v. Texas Texas 2021-12-17 Denied IFP affirmative-defense appellate-procedure appellate-review constitutional-review criminal-procedure due-process reasonable-doubt self-defense standard-of-review sufficiency-of-evidence trial-court DID THE COURT OF APPEALS ERR IN AFFIRMING THE TRIAL COURT WHERE EVIDENCE IS INSUFFICIENT TO SUPPORT THE AFFIRMATIVE DEFENSE OF SELF DEFENSE BEYOND A R…
21-6505 Bryan Bostick v. United States District of Columbia 2021-12-03 Denied Response WaivedIFP constitutional-rights juror-impartiality jury-bias remmer severance sixth-amendment trial-court voir-dire Was Appellant Deprived of A Meaningful Opportunity To Demonstrate Jury Bias After His Sixth Amendment Safeguards Were Violated When The Trial Court De…
21-6356 Felipe Nieves-Perez v. Texas Texas 2021-11-19 Denied IFP constitutional-rights criminal-procedure due-process eighth-amendment indictment life-sentence motion-to-quash right-to-due-process trial-court I. DID THE TRIAL COURT VIOLATE MR. NIEVES-PEREZ'S RIGHT TO DUE PROCESS BY DENYING HIS MOTION TO QUASH THE INDICTMENT? II. DOES THE LIFE SENTENCE IMPO…
21-6260 Samuel Lee Murchison v. United States Fourth Circuit 2021-11-12 Denied Response WaivedIFP appellate-review credibility-determination factual-findings findings-of-fact fourth-circuit judicial-procedure standard-of-review trial-court video-evidence Did the Fourth Circuit err by employing a "particularly defer[entional]" standard of review to findings of fact by the trial court that did not involv…
21-6209 Angelo Cobbins v. Illinois Illinois 2021-11-05 Denied IFP constitutional-rights criminal-procedure due-process effective-assistance evidence-suppression intellectual-capacity motion-to-suppress right-to-counsel trial-court waiver -/L, Motion to iSuppuss Loas -efror Gs it in as did not]fllulllinr th& ryl djLftionstrcJsd Ikb P-^titi patliy to (xialv-e. his Custoclid fi^ht 5 ?i/…
21-6083 James Osgood v. Alabama Alabama 2021-10-26 Denied IFP capital-punishment credibility-determinations death-penalty juror-challenge jury-selection sentencing-determination sixth-amendment trial-court witherspoon-v-illinois Can a reviewing court, consistent with the Sixth Amendment, uphold a challenge for cause in a capital case on the basis of a potential juror's persona…
21-201 Nehad Abdelnabi v. Fatma Adel Sekik Tennessee 2021-08-12 Denied Relisted (2) civil-procedure counsel-withdrawal due-process ex-parte ex-parte-oral-arguments objection opposing-counsels oral-arguments tennessee-court-of-appeals trial-court I. DID THE TENNESSEE COURT OF APPEALS DENY THE PETITIONER 'S DUE PROCESS RIGHTS WHEN IT ALLOWED EX PARTE ORAL ARGUMENTS BY OPPOSING COUNSELS OVER T…
21-150 The Texas Brandon Corporation, Inc., et al. v. EOG Resources, Inc., et al. Texas 2021-08-03 Denied Response Waived civil-procedure corporate-dispute district-court due-process judicial-misconduct oil-and-gas-rights severance standing summary-judgment trespassing trial-court Does Russell Wilson, the judge of the 218th District Court of Karnes County, Texas, list the objections, stated by John R. Chiles IV, and Ronald Wilso…
20-1792 Patricia Earnest, et al. v. Joann Ellison, et al. Sixth Circuit 2021-06-23 Denied 14th-amendment appellate-procedure appellate-review due-process due-process-clause issue-preservation legal-basis procedural-fairness trial-court Does a court of appeals deny a party due process under the 14th Amendment when it decides the case on a basis never litigated or passed on as a matter…
20-1772 Branden Edward Shumate v. California California 2021-06-22 Denied Response Waived attorney-client-relationship attorney-of-choice criminal-defendant criminal-procedure motion-for-new-trial post-conviction-proceedings right-to-counsel sentencing sixth-amendment trial-court I. Whether a Trial Court Deprives a Defendant of His Right to Counsel by Discharging a Defendant's Hired Attorney of Choice Just Before Trial Was to S…
20-8203 Dasheme Kareme Hosley v. Rick Hill, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP closing-argument due-process harmless-error judicial-ratification jury-instruction jury-instructions legal-misstatement prosecutorial-misconduct trial-court trial-procedure In a prosecutorial misconduct claim based upon a misstatement of law during closing argument, should courts presume that the jury followed the trial c…
20-8134 Erik Jimenez v. Texas Texas 2021-05-25 Denied Relisted (2)IFP 404(b)-exception abuse-of-discretion criminal-procedure evidence-admissibility evidentiary-ruling later-date texas-rule-of-evidence-404(b) texas-rules-of-evidence trial-court trial-procedure 1) Whether the trial court admissability of evidence of a later date and not for what defendant was on trial was an abuse of discretion under Texas ru…
20-8109 Walter Crayton v. Massachusetts Massachusetts 2021-05-24 Denied Response WaivedRelisted (2)IFP 4th-amendment assigned-counsel child-pornography civil-rights criminal-appeals criminal-procedure due-process free-speech legal-representation post-conviction search-and-seizure trial-court Question not identified.
20-7954 David Armando Butler v. Florida Florida 2021-05-07 Denied IFP appeals appellate-procedure civil-procedure direct-appeal due-process florida-district-court standing trial-court written-order WHETHER THE FLORIDA DISTRICT COURT OF APPEAL DENIED THE PETITIONER DUE PROCESS BY FAILING TO GRANT HIM A DIRECT APPEAL ON THE MERITS BY VIRTUE OF THE …
20-7837 Sam Bradford v. Mississippi Mississippi 2021-04-23 Denied Response WaivedIFP criminal-procedure due-process life-sentence miss-code-ann-47-314 murder plain-error sentencing trial-court WheTher PeTiTionER's (Sam Bradford), Due Process of Law when plain error CommiTTed by The Trial CourT in was imposing SenTence for The naToral life a …
20-7628 Daryl Fitzgerald Johnson v. Mississippi Mississippi 2021-04-02 Denied Response WaivedIFP appeals civil-rights constitutional-rights court-of-appeals criminal-procedure due-process jurisdiction legal-procedure standing supreme-court trial-court writ-of-certiorari JZT. X)rd tee Supreme cooRt. OV tAteissvG HAVE; Ouw^I c-Uqao So Hear a tereei- fM'Pte OH -tvie Coorh . or p»ppeo\ totere. te-ere are -tux> tete Wetet…
20-7535 Gilberto Medina-Jasso v. Georgia Georgia 2021-03-23 Denied IFP child-molestation constitutional-law constitutional-rights criminal-procedure due-process lesser-included-offense sexual-battery trial-court Whether the trial court's failure to charge sexual battery as a lesser included offense of child molestation deprived Petitioner of a due process righ…
20-7291 John L. Harris v. Illinois Illinois 2021-03-02 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th…
20-7212 Kareem Davenport v. Illinois Illinois 2021-02-23 Denied IFP constitutional-rights counsel-adequacy defendant-fitness due-process federal-jurisdiction federal-procedure ineffective-assistance-of-counsel mental-competency state-statute trial-court 'f 0- p^fSOA i<$ &SSuj*\€/cl ^^dtaily. U..cit~ ,rt 'tof' tit a ( cIac| the Steps 1 t® ti/\d olefeA^t Tit Qt MAptf & flot Ctytectty adhere 4 tv^cun t…
20-1020 Donald Chimaobi Okoro v. Texas Texas 2021-01-28 Denied Response Waived abuse-of-discretion appellate-review due-process fact-finding findings-of-fact judicial-review legal-contradiction procedural-error standard-of-review trial-court trial-court-findings Does an Appellate Court fail to provide meaningful appellate review when it adopts a Trial Court's findings of fact when those findings contradict the…
20-6924 Auturo Beltran v. Craig Koenig, Warden Ninth Circuit 2021-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas habeas-corpus plea-agreement sentencing trial-court During a colloquy on a plea agreement to a 24-year sentence, petitioner said that he did not understand all of the rights and consequences of the plea…
20-6895 Raheem Jefferson Brennerman v. United States Second Circuit 2021-01-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court Whether the abuse of discretion standard imposed by the United States Court of Appeals for the Second Circuit is Constitutionally impermissible - wher…
20-894 Barbara Andersen v. Village of Glenview, Illinois, et al. Seventh Circuit 2021-01-05 Denied appellate-review civil-procedure due-process motion-to-dismiss motion-to-strike standing summary-judgment trial-court Whether the trial court properly disregarded Andersen's Motion to Strike relative to the Motions to Dismiss filed by the Respondents herein. Whether …
20-6770 Lelis Ezequiel Treminio-Tobar v. United States Fourth Circuit 2021-01-04 Denied Response WaivedIFP 5th-amendment affirmative-defense criminal-procedure due-process fifth-amendment jury-instruction jury-instructions trial-court Whether the Fifth Amendment Due Process right to present a defense requires the trial court to instruct the jury that it has a duty to acquit any defe…
20-6638 Raheem Jefferson Brennerman, aka Jefferson R. Brennerman, aka Ayodeji Soetan v. United States Second Circuit 2020-12-16 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-defendant criminal-procedure due-process judicial-discretion judicial-review liberty second-circuit trial-court Whether the abuse of discretion standard imposed by the United States Court of Appeals for the Second Circuit is Constitutionally impermissible - wher…
20-6338 James H. Smith v. Brian Cook, Warden Sixth Circuit 2020-11-16 Denied Response WaivedIFP aedpa-deference confrontation-clause constitutional-rights criminal-charges deficient-performance federal-claim ineffective-assistance-of-counsel state-court-misconstrue trial-court 1). Can an attorney demonstrate deficient performance in representing a client while also facing serious criminal charges in the same court. 2). Shou…
20-5952 Patrick Muraca v. United States Second Circuit 2020-10-08 Denied Response WaivedIFP appellate-review civil-procedure jury-instructions jury-request operative-term trial-court 1. Whether a trial court must provide a definition for a term of operative significance when it is requested by a deliberating jury? 2. Whether the C…
20-5899 Bodhisattva Skandha v. William Bates Massachusetts 2020-10-05 Denied Response WaivedIFP abuse-of-discretion case-dismissal civil-procedure court-jurisdiction dismissal due-process judicial-procedure pure-land-buddhism religious-rights standing trial-court trial-court-discretion Whether The Trial Court Abused Its Discretion #1 : By Dismissing The Case? Whether The Defendant Denied The Plaintiff The #2: Right to Practice Pure …
20-5907 Joseph Peterson v. Louisiana Louisiana 2020-10-05 Denied Response WaivedIFP civil-rights computer-seizure constitutional-law constitutional-rights due-process first-amendment free-speech search-and-seizure trial-court written-materials Did the trial court violate Mr. Peterson's Due Process of Law when denying written materials seized from his computer when those materials were protec…
20-5916 Veronica Delph v. University of Arkansas for Medical Sciences, et al. Eighth Circuit 2020-10-05 Denied IFP 14th-amendment appellate-procedure appellate-review constitutional-law due-process issue-preservation legal-basis procedural-fairness trial-court Does a court of appeals deny a party due process Under the 14th Amendment when it decides the case on A basis never litigated or passed on as a matter…
20-5748 Dacarius Holliday v. Louisiana Louisiana 2020-09-17 Denied IFP constitutional-error criminal-intent criminal-negligence due-process eighth-amendment jury-instructions jury-sentencing specific-intent standard-of-proof trial-court 1. Can convictions for crimes requiring specific intent create constitutional error where the trial court has ruled that the evidence supports crimina…
20-5614 Derrick Anthony Felton v. United States Fifth Circuit 2020-09-08 Denied Response WaivedIFP criminal-activity defendant-status due-process judicial-determination leadership-role legal-error plea-agreement sentencing sentencing-enhancement trial-court vagueness Did the Trial Court error in finding that Mr. Felton was an organizer, leader, manager, or supervisor of the criminal activity?
20-5452 Judy Thorpe v. Justin Swidler, et al. New Jersey 2020-08-21 Denied IFP appellate-division appellate-review certification-denial civil-procedure due-process judicial-discretion judicial-review manifest-error prejudice supreme-court-of-new-jersey trial-court Whether it was manifest error and significantly prejudicial for the Supreme Court of New Jersey to Deny Certification and Not Fairly and Equitably Rev…
20-5212 In Re Allen Fitzgerald Calton 2020-07-29 Denied IFP 6th-amendment appellate-review constitutional-law due-process fact-finding factual-findings habeas-corpus judicial-discretion trial-court (1) Whether the Texas Count of Criminal Appecls and individual judges thereof as the ultimate factfinders in Texas habeas corpus proceeding abused the…
19-8769 Daryll Shumake v. Virginia Fourth Circuit 2020-06-22 Denied Relisted (2)IFP constitutional-rights criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance-of-counsel investigative-report jurisdiction prosecutorial-misconduct trial-court Question not identified.
19-8746 Scott A. Group v. Ohio Ohio 2020-06-18 Denied IFP capital-defendant capital-punishment dna-evidence due-process habeas-corpus ineffective-assistance-of-counsel new-evidence new-trial trial-court 1. Does a state court deprive a capital defendant due process of law when it denies the defendant's request to present new evidence to challenge the c…
19-8625 Dedric Davis v. Florida Florida 2020-06-05 Denied IFP appeal criminal-procedure double-jeopardy due-process judgment-of-acquittal legal-standard motion petitioner standard-of-review sufficiency-of-evidence trial-court WHETHER THE TRIAL COURT ERRED IN NOT GRANTING PETITIONER'S MOTION FOR JUDGMENT OF ACQUITTAL
19-8487 Jerrell Berger v. Robert Adams, Warden Eleventh Circuit 2020-05-18 Denied IFP criminal-procedure due-process ineffective-assistance-of-counsel jury-selection multiple-charges murder-charge sentencing sentencing-decision sixth-amendment trial-court My Leegal Counsel Wy7s wet tecl: ve tor mae z& MAKE COE Awe of Lwo chur ses ak he hzen/ Severed! iw My CHASE ana grated by rial unas, his case Ase in…
19-8389 Edward Yarbrough, Jr. v. J. Sullivan, Warden Ninth Circuit 2020-05-01 Denied Response WaivedIFP bill-of-rights criminal-procedure due-process evidentiary-error federal-rules federal-rules-of-civil-procedure plain-error prosecutorial-misconduct remarks-authentication reversible-error trial-court 1. Whether a prosecutor's uninvited inflammatory remarks made in summation, absent a timely/explicit curative instruction, so infected the trial with …
19-8266 James Heard v. Illinois Illinois 2020-04-15 Denied IFP appellate-review circuit-court-procedure constitutional-rights criminal-procedure due-process judicial-discretion pro-se-representation right-to-counsel self-representation trial-court 1. Whether the trial court erred in denying James Heard's pre-trial motion to proceed pro Se? 2. Whether the appellate court unreosonably applied the…
19-8247 John Wilson v. Florida Florida 2020-04-13 Denied IFP competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion WHETHER THE TRIAL COURT WAS OBLIGATED TO DETERMINE THE MENTAL COMPETENCY OF A DEFENDANT BEFORE GRANTING HIM THE RIGHT TO REPRESENT HIMSELF AT TRIAL IF…
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…
19-1037 Sok Bun v. United States Fourth Circuit 2020-02-19 Denied circuit-split criminal-procedure detainers due-process interstate-agreement interstate-agreement-on-detainers legal-interpretation motion motions standing trial trial-court trial-motion Whether a defendant is "unable to stand trial" within the meaning of the Interstate Agreement on Detainers, 18 U.S.C. App. 2, § 2, art. VI(a), when he…
19-7697 Rebecca Leigh Lovell v. Children's Corner Daycare Sixth Circuit 2020-02-18 Denied Response WaivedRelisted (2)IFP alternative-dispute-resolution civil-procedure coercion constitutional-rights court-discretion due-process duress evidentiary-hearing settlement-dispute settlements trial-court Did the Court of Appeals err in finding the trial court did not abuse its discretion by enforcing settlements that were disputed by a party without ho…
19-7416 James P. Griffin v. United States Second Circuit 2020-01-24 Denied Response WaivedIFP abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w I. Whether the trial court abused its discretion in arbitrarily denying a continuance of trial requested due to Petitioner's documented medical proble…
19-7383 Parnell May v. Arkansas Arkansas 2020-01-23 Denied Response WaivedRelisted (2)IFP appeal civil-procedure constitutional-rights due-process judicial-conduct legal-procedure motion-for-new-trial motion-procedure standing trial-court Did the trial Court embarked on A Course Set to Provoke A Mistrial, by the trial Court embodying on A Course, that was the Public defenders that the t…
19-7391 Larry David Davis v. Larry Tegley, et al. Eighth Circuit 2020-01-23 Denied Relisted (2)IFP administrative-law appellate-standard civil-procedure civil-rights due-process insufficient-evidence judicial-review legal-sufficiency patent record-review standing takings trial-court THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE JUDGMENT OF MY TRIAL? WHETHER RIGHT TO A SPEEDY TRIAL HAVE BEEN VIOLATED? WHETHER A AFFIDAVIT IS NEEDED …
19-7237 Christopher L. Croom v. Illinois Illinois 2020-01-09 Denied Response WaivedIFP admonishment conflict-of-interest constitutional-rights criminal-procedure defendant judicial-admonishment jury-bias right-to-counsel trial-court trial-court-admonishment waiver Does a defendant knowingly waive the right to conflict free counsel when the trial court merely admonishes the defendant that a conflict exists, witho…
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court SHOULD THIS COURT ADDRESS, IN QUESTION OF FIRST-IMPRESSION, WHETHER IT VIOLATES THE SIXTH AMENDMENT RIGHT TO COUNSEL FOR A TRIAL COURT TO FORCE A DEFE…
19-6770 Vinca S. Chiu v. First Group America, et al. Oregon 2019-11-26 Denied IFP civil-procedure claim-dismissal due-process judicial-order legal-remedy motion-practice scope-of-relief standing strict-liability summary-judgment trial-court trial-court-authority ultrahazardous-activities Is a trial court authorized to expand the scope of a legal remedy that was not requested in a motion for summary judgment before the court? Does a le…
19-6742 Jorge Prieto v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Florida 2019-11-25 Denied IFP criminal-procedure double-jeopardy due-process finality judicial-discretion jurisdiction sentencing subject-matter-jurisdiction trial-court 1. Did the state trial court have jurisdiction to vacate petitioner's (20) Twenty year sentence, and then re-impose a sentence of life imprisonment, s…
19-6452 David P. Moran v. Florida Florida 2019-10-31 Denied Response WaivedIFP criminal-procedure discovery mandamus pro-se pro-se-litigant records standing subpoena subpoena-enforcement trial-court writ-of-court 1. Should a writ of mandamus compelling the Court to issue a subpoena be automatically granted when the defendant has adequately shown an entity viola…
19-6325 Dewayne Barnes v. Sentry Management, Inc., et al. Eighth Circuit 2019-10-21 Denied IFP civil-procedure conflict-of-interest discovery dismissal-order due-process in-forma-pauperis res-judicata speedy-trial standing trial-court titlevll of civil Rights Act of 1964, 42 0.sC, because they do though they meet the nomber ofempbyees Rolegeven give andhad soe hirig ndt 2.Cantwo co…
19-6151 Ahmed Ali v. Tammy Foss, Acting Warden, et al. Ninth Circuit 2019-10-03 Denied Response RequestedRelisted (2)IFP appellate-review certificate-of-appealability constitutional-rights criminal-procedure criminal-procedure-rights due-process habeas-corpus jury-instruction jury-instructions third-party-culpability trial-court Whether the Court of Appeals erred in denying a Certificate of Appealability on his claim that he was denied his right to present a defense by the tri…
19-375 Lawrence T. Newman v. Robert W. York, as Personal Representative, et al. Indiana 2019-09-20 Denied Response Waived administrative-expense administrative-expenses administrative-law appeal appeal-on-merits civil-procedure constitutional-law constitutional-provisions constitutional-rights due-process estate-administration fourteenth-amendment standing trial-court Whether the refusal of the trial court to hear Newman's administrative expense motions violates the Fourteenth Amendment's Due Process Clause and othe…
19-5846 Joshua Eric Townley v. Texas Texas 2019-09-06 Denied IFP appellate-procedure appellate-review constitutional-law constitutional-principles criminal-procedure double-jeopardy due-process judicial-discretion new-trial sua-sponte supremacy-clause trial-court trial-procedure Whether a trial judge violates the Supremacy and Double Jeopardy Clauses of the United States Constitution once he grants an Order on motion for New T…
19-5639 Kirby D. Crawford v. Georgia Georgia 2019-08-19 Denied IFP civil-rights criminal-procedure deprivation-of-rights due-process evidence-of-proof evidentiary-standards fair-trial grand-jury indictment judicial-error legal-procedure petitioner standing trial-court Whether the trial Court erred to charge my he UE n__I sued__ wot aves sAessed Aaa SS! N. tac. 1__Of8 Ye by "the _gaches prior 4s _oe at tetal 2 cach _…
19-5537 Benjamin Escobedo v. Texas Texas 2019-08-09 Denied IFP 6th-amendment appellate-review constitutional-provisions constitutional-rights criminal-procedure criminal-procedure-defects-indictment due-process indictment jurisdiction motion-to-close motion-to-quash sixth-amendment trial-court 1. Did the Trial court err When it overruled Appellants Motion to Quash the Amended indictment ? Cih.3t.38. RRY.7). 2. Oid the court of Appeals err b…
19-138 First State Community Action Agency v. Tamra N. Robinson Third Circuit 2019-07-30 Denied appellate-review circuit-split civil-procedure invited-error jury-instructions plain-error trial-court waiver 1. Whether a party that first raises an issue on appeal has per se waived plain error review because it did not raise the issue in the trial court or …
19-5231 James D. Thomas, Jr., aka Wayne Thomas v. New York New York 2019-07-18 Denied IFP appeal burden-of-proof civil-rights criminal-conviction criminal-procedure due-process evidentiary-rulings fair-trial jury-instructions prejudicial-error prosecutorial-misconduct reasonable-doubt sentencing sufficiency-of-evidence trial-court .Should this court vacate the conviction where the petitioner failed to preserve the issue and the trial court denied defendant's Motion to set aside …
19-78 John Doe, aka Cheyenne Moody Davis v. United States Fourth Circuit 2019-07-16 Denied Amici (1)Response Waived appellate-review conflict-among-courts constitutional-rights criminal-procedure due-process judicial-discretion jury-instructions reasonable-doubt standard-of-proof trial-court Whether a trial court in criminal proceedings must, upon request from the jury, explain the meaning of the "beyond a reasonable doubt" standard to the…
19-5177 James Alvin Chaney v. United States Sixth Circuit 2019-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment impartial-jury inter-circuit-split juror-allegation juror-misconduct jury sixth-amendment trial-court trial-procedure Is a criminal defendant's Fifth Amendment right of due process and Sixth Amendment right to a trial by an impartial jury violated when the trial court…
19-5079 Kenneth Blackwell v. Georgia Georgia 2019-07-05 Denied Response WaivedIFP appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver This Court has not enunciated a general rule regarding what questions may be taken and resolved for the first time on appeal when a party fails to pre…
19-32 Gordon Scott Stroh v. Saturna Capital Corporation Ninth Circuit 2019-07-03 Denied Amici (1)Response Waived cause-of-action civil-procedure dismissal evidence evidence-dismissal motion-in-limine standard-of-review summary-judgment trial-court What is the appropriate standard of review when a trial court improperly grants a motion in limine that has the practical effect of dismissing an enti…
18-9484 Paris Taylor v. Illinois Illinois 2019-05-30 Denied IFP constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment fourteenth-amendment state-constitution trial-court Whether Petitioner was denied his constitutional rights to due process of law guaranteed by the Fifth and Fourteenth Amendments of the United States C…
18-9235 Richard McMillan, III v. Florida Florida 2019-05-10 Denied Response WaivedIFP civil-procedure criminal-procedure due-process evidence inconsistent-evidence inconsistent-testimony judicial-discretion motion-for-acquittal motion-for-judgment-of-acquittal petitioner-defense state-evidence trial trial-court trial-court-evidence As to ISSUE I of this application, QUESTION # 1: Can the Trial Court forbid Submission of Evidence at trial that supports Petitioner's Defense, when…
18-1284 Jennifer L. Wilson v. SunTrust Bank, et al. North Carolina 2019-04-09 Denied Response Waived civil-procedure court-hearing due-process judge judicial-discretion judicial-procedure jurisdiction north-carolina-constitution north-carolina-general-statutes procedural-rules standing statutory-interpretation trial-court venue Did the Trial Court hearing of August 15, 2016, Judge Gregory R. Hayes presiding, violate Article VI Section 11 of the North Carolina Constitution; N.…
18-8736 Juan Espinoza, et al. v. San Benito Consolidated Independent School District Fifth Circuit 2019-04-09 Denied IFP 5th-circuit civil-procedure due-process fair-labor-standards-act genuine-dispute-of-material-fact inferences-in-favor-of-non-moving-party standard-of-review summary-judgment trial-court wage-violations 1. The 5th Circuit erred when it affirmed the trial Court's granting of Respondent's Motion for Summary Judgment against all Petitioners on the issue …
18-8585 Zhordrack Bloodywone v. Joseph Bellnier, Superintendent, Marcy Correctional Facility, et al. Second Circuit 2019-03-27 Denied Response WaivedRelisted (2)IFP 4th-amendment 6th-amendment criminal-procedure due-process privacy right-to-counsel 6th-amendment appellate-jurisdiction constitutional-rights criminal-procedure due-process federal-appeals judicial-review prosecutorial-misconduct right-to-counsel trial-court (4) why Rox cee New My OK Cake Pepa Rte uh of CoRReOtious Aud Lem wuwrty fu par} Sion made Nu wdious Ate pa Gut Fhe Bey lun iv Hf ey pRokecution fu Ye…
18-8222 Desi A. Lewis v. Virginia Virginia 2019-03-01 Denied IFP constitutional-rights criminal-procedure due-process fourteenth-amendment jurisdiction sentencing statutory-interpretation trial-court virginia-code Was the Trail Court in error when the Court therefore find that it is without jurisdiction to conduct a resentencing or modify the Defendant's sentenc…
18-7879 Clayton D. Colkley v. Maryland Maryland 2019-02-11 Denied IFP 5th-amendment appeal appeals appellate-review constitutional-law constitutional-rights criminal-procedure double-jeopardy due-process jurisdiction motion-to-dismiss trial-court trial-court-jurisdiction 1. DID THE COURT OF SPECIAL APPEALS OF MARYLAND ERR IN AFFIRMING TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION TO DISMISS ON THE GROUND OF DOUBLE JEOPARD…
18-7558 Brandon Lamar Hawkins v. Florida Florida 2019-01-24 Denied Response WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion WHETHER PETITIONER IS ENTITLED TO DISCHARGE, NEW TRIAL, AND/OR RESENTENCING BASED ON THE TRIAL COURT FAILING TO CONDUCT A COMPETENCY HEARING AFTER IT …
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…
18-7190 Zachary Q. Wicks v. Jon H. Radnothy, et al. Florida 2018-12-27 Denied IFP appeal constitutional-rights due-process evidence fourteenth-amendment judicial-procedure medical-malpractice statute-of-limitations testimony trial-court 1. Did the trial court deny Petitioner's due process rights, guaranteed under the Fourteenth Amendment of the Constitution of the United States and un…
18-6940 Dalray Kwane Andrews v. Warren L. Montgomery, Warden Ninth Circuit 2018-12-06 Denied IFP appellate-review criminal-procedure dilatory faretta-right faretta-v-california habeas-corpus self-representation sixth-amendment timeliness trial-court (1) Did the Ninth Circuit err in holding that Faretta "clearly established," for purposes of 28 U.S.C. § 2254(d)(1), that a request for self-represent…
18-6772 Donovan Grant v. United States First Circuit 2018-11-21 Denied IFP appeals appeals-court appellate-review conviction criminal-conviction criminal-procedure due-process financial-transaction guilty-plea money-laundering plain-error plain-error-doctrine specified-unlawful-activity trial-court The First Circuit affirmed a conviction for money laundering based on a financial transaction that was a different financial transaction from the one …
18-6560 Wendell Weaver v. Walter Nicholson, Warden Seventh Circuit 2018-11-02 Denied Response WaivedIFP counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states Does Wheat v. United States, 486 U.S. 153 (1988) clearly establish that trial courts must consider reasonable alternatives before disqualifying a crim…
18-490 Jael Watts v. Michael K. Allen Virginia 2018-10-17 Denied civil-procedure court-rules due-process fourteenth-amendment fundamental-rights hearing-rights notice procedural-notice state-law state-procedure trial-court virginia-court-rules virginia-supreme-court Whether the trial court's failure to provide advance written hearing notices, as required by state procedural rules, constitutes a denial of the Petit…
18-455 Aaron Joseph Emineth v. Oregon Oregon 2018-10-11 Denied Response Waived 14th-amendment burden-of-proof constitutional-rights criminal-procedure due-process fourteenth-amendment photo-radar standard-of-proof state-court-proceedings traffic-enforcement trial-court 1. Did the state trial court violate Petitioner's constitutional right to Due Process under the Fourteenth Amendment of the United States Constitution…
18-6251 Lonnie James Pebley v. Colorado Colorado 2018-10-09 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy due-process mistrial oregon-v-kennedy prosecutorial-misconduct reprosecution supervisory-authority trial-court I. WHETHER THE STATE TRIAL COURT AND APPELLATE COURT ERRONEOUSLY DETERMINED THAT THE FEDERAL DOUBLE JEOPARDY PROTECTION BARRING REPROSECUTION AS A RES…
18-6001 Demario Carman v. Georgia Georgia 2018-09-18 Denied Response WaivedIFP civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise where determinations as to what is "manifest neces…
18-5910 Curtis Dee Packard v. Barry Goodrich, Warden, et al. Tenth Circuit 2018-09-07 Denied Response WaivedIFP 6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel Whether both the trial court and the State's Public Defender's Office invited error and erroneously denied the Petitioner his 6th Amendment rights to …
18-5894 Lawrence Eugene Shaw v. United States Ninth Circuit 2018-09-05 Denied Response WaivedIFP 18-usc-1344 bank-fraud jury jury-instructions legal-interest legal-property-interest mixed-question mixed-question-of-law-and-fact property trial-court The Court previously considered this case in Shaw v. United States, 137 S. Ct. 462 (2016), where it held that a scheme to defraud a financial institut…
18-5897 Arthur Braddy v. Florida Florida 2018-09-05 Denied Response WaivedIFP appellate-court deprivation deprivation-of-rights due-process florida-statutes legal-procedure minimum-mandatory-sentence sentencing trial-court DID THE STATE OF FLORIDA VIOLATE PETITIONER'S RIGHT TO DUE PROCESS BY FAILING TO CORRECT THE TRIAL COURT'S IMPOSITION OF A MINIMUM MANDATORY SENTENCE …
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT WHETHER THE STATE ATTORNEY OFF…
18-5679 William J. O'Brien, III v. United States Third Circuit 2018-08-21 Denied Response WaivedIFP criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel Was not William O'Brien, III denied his Sixth Amendment Right to counsel when the trial court refused to appoint a lawyer for him at the hearing at wh…
18-5395 Wayne Clyde Mezzles v. John N. Katavich, Warden Ninth Circuit 2018-07-30 Denied IFP criminal-procedure-forfeiture defense-counsel due-process federal-claims forfeiture-bar jury-admonitions jury-instructions prosecutorial-misconduct sentencing sentencing-proportionality state-procedural-bar trial-court Before trial, the court ruled that defense expert Robert Owen could testify about Mezzles's PTSD but not about his capacity to form the specific inten…