trial-court-discretion

93 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6362 Dan Ioan Belc v. Florida Florida 2025-12-15 Denied Response WaivedIFP confrontation-rights due-process ineffective-counsel jury-instructions prosecutorial-misconduct trial-court-discretion Six (6) District Anems of Prosecution Misconduct Alleged [Cumulative Effect Amount to Fundamentally Undermine Possibility of Getting a Fair Trial in W…
25-6352 Marcus Allen Cooper v. Virginia Virginia 2025-12-12 Pending IFP complete-defense credibility-challenge evidence-exclusion fourteenth-amendment trial-court-discretion witness-fabrication Whether a trial court abridges the defendant's Fourteenth Amendment right to present a complete defense by excluding evidence that the sole inculpator…
25A346 Caylon James Washington v. Texas Texas 2025-09-25 Presumed Complete criminal-procedure hearsay-objection rebuttal-witness sexual-assault substantial-rights trial-court-discretion Question not identified.
25A166 Jason Elysse v. Florida Florida 2025-08-07 Presumed Complete continuance-motion criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion Question not identified.
25-5155 Luis Payano-Perez v. United States Third Circuit 2025-07-21 Denied Response WaivedIFP evidence-admissibility evidentiary-purpose inference-chain propensity-evidence rule-404b trial-court-discretion 1. Whether a trial court, in admitting evidence under Federal Rule of Evidence 404(b), must explicitly articulate the "chain of inferences" it relied …
24-1291 Ariel Dalton v. Edgewood Police Department, et al. Indiana 2025-06-18 Denied case-dismissal due-process judicial-procedure plaintiff-rights pretrial-compliance trial-court-discretion 1. Does a trial court violate a plaintiffs due process rights by dismissing a case for inactivity when a trial date has already been set and the plain…
24-7155 John Fitzgerald Gayles v. Arizona Arizona 2025-05-07 Denied Response WaivedIFP arizona-rules-of-evidence fraudulent-evidence jury-trial state-evidence testimonial-statements trial-court-discretion 1) The Question Is WHETHER The Trial Court Abused Its Discretion When It Erroneously Allowed The State Of Arizona To Admit Testimonial State-Ments (th…
24-6463 Noel Vincent Thomas v. Alabama Law Enforcement Agency, et al. Florida 2025-02-04 Dismissed Response WaivedIFP burden-of-proof failure-to-state-claim pleading-standards res-judicata statute-of-limitations trial-court-discretion 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING PETITIONER'S CASE FOR FAILURE TO STATE A CLAIM OR INSUFFICIENT PLEADING, EXPIRATION …
24-774 Reginald Keith Clark v. Colorado Colorado 2025-01-22 Denied Amici (2)Response WaivedRelisted (2) for-cause-challenge fourteenth-amendment jury-selection racial-bias sixth-amendment trial-court-discretion Whether a trial court violates a defendant's Sixth and Fourteenth Amendment rights when it erroneously denies a for-cause challenge to a racially bias…
24-5982 Benigno Perez-Aguilar v. Jeff Howard, Warden Sixth Circuit 2024-11-15 Denied IFP expert-testimony hearsay ineffective-assistance-of-counsel sixth-amendment trial-court-discretion witness-bolstering Expert testimony from Thomas Cottrell did nothing more than bolster Clarisse and Genesis. Did the trial court abuse its discretion in letting Dr. Co…
24-5840 David R. Schachtner v. Chris Brewer, Warden Eighth Circuit 2024-10-29 Denied Response WaivedRelisted (2)IFP criminal-procedure fair-trial impeachment-evidence motion-to-suppress prior-bad-acts trial-court-discretion 1. Does a court abuse its discretion in upholding a conviction and sentence for a crime that was clearly disproven at trial, based solely on the factu…
24-5815 Joseph S. Addison v. Tim Shoop, Warden Sixth Circuit 2024-10-24 Denied Response WaivedIFP constitutional-rights criminal-procedure right-to-counsel self-representation sixth-amendment trial-court-discretion 1. What bright line indicates whether a defendant has clearly and unequivocally invoked their right to conduct their own defense? 2. Can a trial-cour…
24-317 Tommy Lee Benton v. South Carolina South Carolina 2024-09-20 Denied Response Waived double-jeopardy ends-of-justice judicial-discretion manifest-necessity mistrial-standard trial-court-discretion Whether a trial judge must consider all viable alternatives to a mistrial before finding manifest necessity exists.
24A281 James L. Martin v. David H. Nixon Delaware 2024-09-19 Presumed Complete damages-exclusion expert-testimony judicial-review medical-causation personal-injury trial-court-discretion Question not identified.
24-5349 Ryan Monroe Allen v. Tennessee Tennessee 2024-08-20 Denied IFP criminal-procedure faretta-hearing ineffective-assistance-of-counsel pro-se-representation sixth-amendment-rights trial-court-discretion I. HAVE THE TENNESSEE CRIMINAL COURT OF APPEALS DECIDED AN IMPORTANT FEDERAL QUESTION IN A WAY THAT CONFLICTS WITH RELEVANT DECISIONS OF THE UNITED …
24-5274 James Arthur Ross v. Erin Reyes, Superintendent, Two Rivers Correctional Institution Oregon 2024-08-08 Dismissed Response WaivedIFP amendment-of-complaint civil-procedure judicial-error oregon-revised-statutes statutory-interpretation trial-court-discretion Did the trial court error and/or abuse its discretion by not allowing petitioner to amend his complaint for the first time as a matter of right or cou…
24-5175 Kalamice Keson Piggee v. Gena Jones, Warden Ninth Circuit 2024-07-30 Denied Response WaivedIFP competency competency-hearing due-process expert-testimony judicial-review mental-health-evaluation mental-illness retrospective-competency-determination trial-court-discretion trial-procedure Nearly two years after being restored to competency, Petitioner Kalamice Piggee's mental illness resurged and his trial counsel declared doubt as to h…
23-7485 William Glenn Chunn v. United States Fifth Circuit 2024-05-15 Denied Response WaivedIFP assistance-of-counsel constitutional-violations continuance continuance-denial discovery discovery-review due-process fair-trial right-to-counsel trial-court-discretion I. Whether a defendant's right to assistance of counsel and due process are upheld when he has no right to review discovery or confer with his attorne…
23-1178 First Floor Living, LLC v. City of Cleveland, Ohio, et al. Sixth Circuit 2024-05-01 Denied Response Waived circuit-split civil-procedure discovery discovery-rights due-process evidentiary-standards federal-rules-of-civil-procedure legal-procedure motion-to-dismiss summary-judgment trial-court-discretion I. Whether a trial court may enter summary judgment —other than on purely legal grounds — against a party when the court has not allowed that party to…
23-7341 Ronald Leon Thompson v. Colorado Colorado 2024-04-30 Denied IFP appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error.
23-7004 Noel Vincent Thomas v. Florida Department of Highway Safety and Motor Vehicles Florida 2024-03-15 Denied Response WaivedIFP civil-procedure claim-dismissal discovery-process dismissal due-process evidence evidence-standard judicial-review pleading-sufficiency pleadings standing trial-court-discretion 1) Whether the Trial Court erred as a matter of law by dismissing Petitioner's claim based upon the Lower Court's assertion that Petitioner failed to …
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…
23-6810 Larry D. Mosley v. Phillip A. White, Warden Fourth Circuit 2024-02-23 Denied IFP Abuse-of-Discretion Equal-Protection Fourteenth-Amendment habeas-corpus ineffective-assistance Police-Misconduct Prosecutorial-Misconduct Sixth-Amendment trial-court-discretion 1. Did the federalcourt's ruling on Mosley's Ineffective equal protectionAssistance of Counsel claim deny Mosley where the court had before itan evid…
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea I. Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant…
23-6283 Stacy Anthony Mitchell v. Arkansas Arkansas 2023-12-18 Denied Response WaivedIFP choice-of-counsel constitutional-rights criminal-procedure due-process indigent-defendant right-to-counsel sixth-amendment trial-court-discretion Does a trial court's denial of an indigent criminal defendant's choice of privately retained counsel, who is ready, willing, and able to proceed to tr…
23-622 Dale Thrush v. United States Sixth Circuit 2023-12-08 Denied Response Waived arizona-v-washington circuit-split constitutional-review double-jeopardy fifth-amendment manifest-necessity mistrial-standard prosecution-evidence standard-of-review trial-court-discretion 1. Whether this Court should adopt an objectively reasonable approach when evaluating whether the trial court's declaration of a mistrial was supporte…
23-6058 Liberty Anne Walden v. Jeremy Howard, Warden Sixth Circuit 2023-11-20 Denied Response WaivedIFP civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility I. Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate is…
23-5857 Jeremy Moody v. Georgia Georgia 2023-10-23 Denied Relisted (2)IFP autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion 1. Whether a guilty plea inherently waives claims that the trial court violated a defendant's autonomy-based rights, such as the right to self-represe…
23-357 Jacob Hilbert v. Missouri Missouri 2023-10-04 Denied Response Waived constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver Petitioner appeared for trial along with counsel. The trial court stated that defense counsel had represented that defense counsel wanted a bench tria…
23-5668 Maurice Bellamy v. United States District of Columbia 2023-09-28 Denied Response WaivedIFP appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion I. Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment II. Whether the cruel, heinous and atr…
22-7663 Aaron David Waldon v. Oklahoma Oklahoma 2023-05-30 Denied IFP constitutional-rights due-process evidence-admission fair-trial horn-v-state prejudicial probative propensity-evidence sexual-assault trial-court-discretion I. THE TRIAL COURT ABUSED ITS DISCRETION BY ALLOWING THE ADMISSION OF EVEIDENCE OF A RECORDING BELIEVED TO BE PETITIONER AND AN UNKNOWN MALE AS PROPEN…
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP A fiESrACOM uMTL…
22-6907 Jeremy Jermaine Cumbie v. Texas Texas 2023-03-02 Denied IFP constitutional-rights criminal-procedure cruel-unusual-punishment due-process evidence evidence-outside-record outside-the-record record sentencing trial-court-discretion I. WAS MR. CUMBIE DENIED DUE PROCESS OF THE LAW WHEN THE COURT CONSIDERED EVIDENCE OUTSIDE THE RECORD IN ASSESSING THE SENTENCE? II. DID THE TRIAL CO…
22-6353 Furlonzo R. Moran v. Louisiana Louisiana 2022-12-20 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure due-process equal-protection fair-trial juror-disqualification jury-selection social-media-evidence trial-court-discretion Is it unconstitutional to disqualify a juror from service without just cause? Was Moran deprived of his right to be tried by the jurors selected to t…
22-418 Gene Deveraux v. Montana Montana 2022-11-04 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) automatic-reversal biased-juror constitutional-right for-cause-challenge jury-bias sixth-amendment structural-error trial-court-discretion trial-procedure Whether a trial court commits structural error, requiring automatic reversal under the Sixth Amendment, when it seats a biased juror after erroneously…
22-5305 Aileen Kogera Njoroge v. United States Eighth Circuit 2022-08-09 Denied Response WaivedIFP criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion The Defendant, Aileen Kogera Njoroge, hereinafter "Kogera " appeals her conviction following a jury trial held on October 13th through October 16, 202…
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…
21-8027 Derek J. DeGroot v. Wisconsin Wisconsin 2022-06-01 Denied Response WaivedIFP competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion Does the Sixth Amendment require a trial court to conduct a competency colloquy, pursuant to this Court's holding in Faretta v. California, where a de…
21-7631 Johnell Lee Carter v. Hunter Anglea, Warden Ninth Circuit 2022-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process pro-per pro-per-status right-to-counsel self-representation sixth-amendment trial-court-discretion Whether the trial court denied Petitioner's right to self representation by concluding Mr. Carter's opting for pro per status was made too close to th…
21-7155 Binbing Xie v. Yan Fang Chen New York 2022-02-18 Denied IFP 14th-amendment abuse-of-discretion amendment-xiv civil-procedure constitutional-law constitutional-rights due-process equal-protection judicial-procedure trial-court-discretion Whether the trial court abused its discretion by violating the Due Process and Equal Protection of United States Constitution, Amendment XIV to procee…
21-7132 Dominique C. Swopes v. Ohio Ohio 2022-02-16 Denied IFP capital-case discovery-order due-process evidence fourteenth-amendment interlocutory-appeal scientific-evidence state-created-right trial-court-discretion When a trial court's discovery order regarding scientific testing of evidence will result in the total consumption of the evidence and thus preclude a…
21-977 Robert E. Kovacevich v. Gordon R. Finch, et al. Washington 2022-01-07 Denied case-settlement civil-contempt evidentiary-hearing judicial-estoppel judicial-procedure least-intrusive-remedy mootness supreme-court-precedent trial-court-discretion The state courts have failed to dismiss a civil contempt that was decided during trial. The case was later settled. The failure conflicts with three d…
21-6694 Lawrence S. Brantley, Jr. v. Texas Department of Family and Protective Services Texas 2021-12-22 Denied Relisted (2)IFP abuse-of-discretion clear-and-convincing Colorado-v-New-Mexico due-process evidence-standard legal-precedent parental-rights trial-court-discretion witness-testimony 1. Did trial court abuse its discretion by allowing witness with no firsthand knowledge of the case to testify, which conflict with the decision in Oa…
21-6499 Henry Pratt v. Pennsylvania Pennsylvania 2021-12-03 Denied Response WaivedIFP bias civil-litigation civil-procedure evidence evidence-admissibility insurance-bias motive restitution restitution-claim settlement-agreement trial-court-discretion Where the trial court erred by precluding the Use of a CivifSettlement Agreement between Henry Pratt and Nationwide which was admissible to show Natio…
21-6156 Vilasini Ganesh v. United States Ninth Circuit 2021-11-03 Denied Amici (1)Response WaivedIFP calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion A. Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may de…
21-5776 Bobby John Kobito v. United States Fourth Circuit 2021-09-27 Denied Response WaivedIFP criminal-intent criminal-procedure due-process federal-crime sentencing-guidelines silencer silencer-possession terrorism terrorism-enhancement trial-court-discretion Whether the trial court erred in finding that the defendant's possession of a silencer was intended to promote a federal crime of terrorism, pursuant …
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…
21-5236 Manvester Evans, III v. Georgia Georgia 2021-07-28 Denied IFP abandonment-of-counsel appellate-review constitutional-rights criminal-trial due-process effective-assistance-of-counsel ineffective-assistance out-of-time-appeal right-to-appeal right-to-counsel trial-court-discretion 1. Is the Abanoclon men 7 of couse l Loe rhe cleberclqurp Atzek a plea heaaive CL Seurencingy Of Couszizuriaual Ellec rive Assisvauce ot Counsel ° . …
20-8443 Jacobie A. Green v. Louisiana Louisiana 2021-06-29 Denied Response WaivedIFP criminal-procedure defendant-statement due-process evidence jury-charge jury-instructions motion-to-quash photographic-evidence right-to-counsel state-created-impediment trial-court-discretion 1. Did the Louisiana Supreme Court error in denying review after a. State-crested impediment occurred? 2. Whether ihe trial court erred in admittmg d…
20-7843 Timothy Howard Johnson v. Renee Baker, Warden Nevada 2021-04-26 Denied IFP criminal-procedure due-process evidence-exclusion retroactivity right-to-counsel right-to-defense right-to-jury-trial trial-court-discretion waiver witness-testimony Question not identified.
20-7735 DeAndre Harris v. Michigan Michigan 2021-04-14 Denied IFP advocacy-appearance constitutional-challenge due-process evidentiary-breach evidentiary-issues fair-trial ineffective-assistance-of-counsel ineffective-counsel judicial-bias judicial-impartiality prosecutorial-misconduct trial-court-discretion I. Did the trial court's questioning of multiple witnesses that essentially advocated strengthen the prosecution's and pierce the veil of Case judicia…
20-7381 Larry Wilkerson v. United States District of Columbia 2021-03-09 Denied Response WaivedIFP circuit-conflict evidence-based-concerns juror-discharge legal-disagreement rule-23(b)(3) sixth-amendment standard-of-review trial-court-discretion voir-dire I. WHETHER THE COURT SHOULD RESOLVE THE CONFLI CT I N THE CI RCUI TS REGARDI NG THE STANDARD APPLI CABLE TO DETERMI NING W HEN THE SI XTH AMENDMENT PR…
20-7199 Maurice Duncan Burks v. United States Sixth Circuit 2021-02-22 Denied Response WaivedIFP appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies…
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of "without the consent" beyond a reasonable doubt. Whether the trial court's refusal to charge the le…
20-6294 Richard L. Sealey v. Benjamin Ford, Warden Eleventh Circuit 2020-11-12 Denied IFP capital-trial continuance continuance-motion due-process ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice trial-court-discretion At the penalty phase of Mr. Sealey's capital trial, the State ended its case in aggravation earlier than expected. The defense made a motion for a bri…
20-6079 In Re Dale McKenzie 2020-10-20 Denied IFP constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction GROUND ONE 1. Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia convict…
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 …
20-5177 Rolando Felix-Carrazco v. United States Ninth Circuit 2020-07-24 Denied Response WaivedIFP criminal-procedure due-process evidence-sufficiency holdout-juror judicial-inquiry judicial-interference juror-dismissal jury-deliberation jury-deliberations scotus-guidance trial-court-discretion Whether this Court should decide that the repeated questioning of jurors who have complained about one juror (who is obviously a holdout) is tantamoun…
19-8760 Stefan Stewart v. Florida Florida 2020-06-19 Denied Response WaivedIFP conflict-of-interest criminal-procedure cross-examination due-process ineffective-assistance right-to-counsel sixth-amendment trial-court-discretion witness witness-representation A) When the defense attorney previously represented the states key witness who now has conflicting interests with the defendant, does this amount to a…
19-8672 Terry Bridges v. Illinois Illinois 2020-06-11 Denied IFP criminal-procedure due-process evidence evidentiary-rules murder-evidence prejudice prejudicial-testimony rehabilitation sentencing trial-court-discretion uncharged-crime whether the trial court erred in permitting the state to introduce excessive evidence relating to the murder of keith Slugg, of which Terry Bridges wa…
19-8420 Charles Wilson v. Wisconsin Wisconsin 2020-05-12 Denied Response WaivedRelisted (2)IFP confrontation-clause criminal-procedure due-process evidence evidentiary-ruling ineffective-assistance-of-counsel jury-instructions jury-selection prosecutorial-discretion trial-court-discretion witness-testimony 1. Whether it is Unconstitutinal for defense Counsel to admit an accueds Suilt to the jury over the accused's objection? And also adMit and accused's …
19-8383 Luis A. Soro v. Pedro Lopez Florida 2020-05-01 Dismissed Relisted (2)IFP appellate-procedure civil-procedure due-process judicial-review material-facts notice notice-requirement property standing summary-judgment trial-court-discretion Question not identified.
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…
19-8177 Christopher Kyle Keys v. Florida Florida 2020-04-02 Denied Response WaivedIFP 14th-amendment 6th-amendment cellular-phone-data character-evidence collateral-crimes criminal-procedure due-process evidence sixth-amendment trial-court-discretion warrantless-search The State Trial Court denied a timely motion for severance of the charges from separate incidents. And the Trial Court allowed the State Attorney to p…
19-7982 Alex Penland v. Ohio Ohio 2020-03-13 Denied IFP abuse-of-discretion criminal-conviction criminal-procedure due-process evidence false-testimony habeas-corpus judicial-fraud legal-remedy post-conviction-relief prosecutorial-misconduct trial-court-discretion 1. Does the trial court abuse its discretion when it failed to entertain Penland's claim that his conviction was tainted by fraud when the prosecutor …
19-7925 Ronald O'Rourke v. Jacqueline Lashbrook, Warden Seventh Circuit 2020-03-10 Denied IFP 6th-amendment confrontation-clause constitutional-rights counsel criminal-procedure due-process evidence-suppression fair-trial ineffective-assistance-of-counsel reasonable-conduct right-to-counsel sixth-amendment suppressed-evidence trial-court-discretion WHETHER THE Trial Court Abused Discretion in allowing a Rage, Hansa h tlie Oe 2 a, MLN ae AoUurs. is a samt ot OSs stylte of Coupse/ Sok ALling to GQ …
19-7890 Kevin Michael-Ferdinand Richards v. Michigan Michigan 2020-03-06 Denied IFP abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion I. Did The TriAl Court Abuse It's Discretion When It Denied Pla WithdrAwal Under MCR 6.3IOcB); Mr. RicHaRds HAs A Due Process Right To PleA Withdrawal…
19-7644 George Jones v. Cindy Griffith, Warden Eighth Circuit 2020-02-12 Denied Response WaivedRelisted (2)IFP abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion 1. Has prejudice been shown where defense counsel fails to investigate the credibility of the Defense's expert witness, causing said expert witness …
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…
19-902 Michael Ramon Ochoa v. Arthur Levine, et al. Pennsylvania 2020-01-23 Denied Response Waived 18-usc-1846 civil-conspiracy collateral-order collateral-orders constitutional-protection criminal-complaints defamation judicial-notice pa-constitution trial-court-discretion 1. The questions posed in the course of appellate actions at FD-07-000190 were made cognizable by stipulation of all represented parties. Each questio…
19-6395 V. A. C. v. J. L. W. Texas 2019-10-28 Denied IFP civil-procedure confrontation-clause constitutional-challenge direct-appeal due-process effective-assistance-of-counsel ineffective-assistance parental-rights prejudice termination-of-parental-rights trial-court-discretion 1) If it can be proven, leaving absolutely 'No-Doubt', that the relied upon convi ctions, in regard to a Termination of Parental Rights action, is un…
19-6345 William N. Lucy v. Mary Cooks Eleventh Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion 1. DID MOBILE COUNTY CIRCUT COURT JUDGE ROBERT SMITH ABUSE HIS DIBCRETION BY GRANTING EVICTION ORDER IN CIVIL CASE# CVI-O852 WHILE PETITIONER WERE IN …
19-6272 Mauricio Lara-Bonilla v. United States Ninth Circuit 2019-10-16 Denied Response WaivedIFP batson-challenge batson-v-kentucky civil-rights discriminatory-intent due-process equal-protection juror-bias jury-selection peremptory-challenges peremptory-strike trial-court-discretion For claims that a party had a discriminatory intent in using a peremptory strike against a prospective juror under Batson v. Kentucky, 476 U.S. 79 (19…
19-472 City of East Cleveland, Ohio, et al. v. Charles Hunt, et al. Ohio 2019-10-10 Denied Response Waived abuse-of-discretion bifurcation civil-litigation civil-procedure civil-procedure-bifurcation discretion emergency-vehicle-immunity expert-witness-testimony juror-misconduct manifest-weight-of-evidence motion motion-to-bifurcate trial trial-court-discretion trial-procedure 1. Whether the Trial Court abused its discretion when it denied Petitioners' Motion to Bifurcate the trial. 2. Whether the Trial Court abused its dis…
19-6080 Marcus H. v. Connecticut Connecticut 2019-09-26 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process equal-protection indigent indigent-defense right-to-counsel sixth-amendment structural-error trial-court-discretion Was the indigent petitioner's Sixth Amendment right to have appointed counsel represent him at his criminal jury trial violated when the trial court f…
19-311 Al Cannon, Sheriff, Charleston County, South Carolina v. Broderick William Seay, Jr. Fourth Circuit 2019-09-06 Denied Response RequestedResponse WaivedRelisted (9) appellate-review deference double-jeopardy fact-finding federal-habeas manifest-necessity mistrial strict-scrutiny trial-court-deference trial-court-discretion I. In review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double jeopardy protection bars retrial afte…
19-5643 Raymont Wright v. United States Third Circuit 2019-08-20 Denied Response RequestedResponse WaivedRelisted (2)IFP double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe…
19-5624 Zachary William Hicks v. United States Ninth Circuit 2019-08-16 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti…
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…
18-1592 Allstate Insurance Company v. Daniel Rivera, et al. Seventh Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2) article-iii article-iii-standing civil-procedure defamation fair-credit-reporting-act fcra federal-jurisdiction standing state-law-claims supplemental-jurisdiction trial-court-discretion The question presented is whether a federal court may exercise supplemental jurisdiction over state-law claims when it determines after trial that a p…
18-9442 Donald Loston v. Darrel Vannoy, Warden Fifth Circuit 2019-05-28 Denied Response WaivedIFP 6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w…
18-9293 Eugene Cooper v. Florida Florida 2019-05-15 Denied Response WaivedIFP abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1)Motion for Postconviction relief based on Newly Discovere…
18-8535 Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2019-03-22 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights WHERE STATE STATUTES PROVIDE PRE-TRIAL REMEDIES FOR PROSECUTORIAL OVERREACHING BY INTERLOCUTORY APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT…
18-7759 Travis Buckner v. United States Eleventh Circuit 2019-02-05 Denied Response WaivedIFP effective-representation fourteenth-amendment motion-to-continue right-to-counsel sixth-amendment trial-court-discretion trial-procedure 1. Whether the Defendant was denied his Sixth and Fourteenth Amendment Rights to assistance of counsel by the denial of his Motion to Continue his tri…
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 …
18-951 T&T Rock Distribution, LLC v. Rutilio I. Velasco Texas 2019-01-22 Denied Response Waived abuse-of-discretion arbitration-agreement civil-procedure court-of-appeals discretionary-review federal-arbitration-act litigation-stay motion-to-compel standard-of-review stay-of-litigation trial-court-discretion Whether this Court should grant Petitioner's certiorari for because the Supreme Court of Texas denied Petitioner's Petition For Review and Motion For …
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness The Petitioner sought to withdraw counsel because of a legitimate conflict in counsel's representation; and then, two months later, sought to substitu…
18-675 Lisa M. West v. Missouri Missouri 2018-11-23 Denied Response Waived abuse-of-discretion admissibility conviction-and-sentence criminal-appeal daubert-review daubert-standard evidence-admissibility expert-witness judicial-review missouri-law scientific-testimony standard-of-review trial-court-discretion 1. Whether this court should require a de nova review of the trial court's handling of scientific testimony to determine whether Daubert v. Merrell Do…
18-6704 Aaron Jonathon Zemke v. Michigan Michigan 2018-11-14 Denied IFP abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced …
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…
18-5823 Alonzo D. Marshall v. United States District of Columbia 2018-08-29 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure due-process evidentiary-hearing innocence innocence-claim post-conviction-relief section-23-110 trial-court-discretion witness-credibility Alonzo Marshall Has vehemently challenged his guilt throughout these proceeding because he was not involved in the death of Michael Henry. Even though…
18-5366 Ronald David Martin v. Tony Trierweiler, Warden Sixth Circuit 2018-07-26 Denied Relisted (2)IFP appeal confrontation-clause criminal-procedure evidence-admissibility ineffective-assistance ineffective-assistance-of-counsel motion-to-introduce-evidence rape-shield-statute right-to-present-defense trial-court-discretion WHETHER PETTTIONER WAS DEPRIVED OF HIS RIGHT TO CONFRONT WITNESSES, HIS RIGHT TO PRESENT A DEFENSE, AND HIS RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNS…
18-5355 Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-26 Denied Relisted (2)IFP accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law Petitioner Sanders, contends the Ninth Appellate District Court, Cause # 09-10-00047--CR, Beaumont, Texas, Erred by ruling the Trial Court of Polk Cou…