voluntariness
36 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-731 | Michigan v. Mark David Woolley | Michigan | 2025-01-13 | Denied | criminal-procedure fifth-amendment miranda-warnings polygraph-procedure self-incrimination voluntariness | Because the Fifth Amendment concerns voluntariness, whether Miranda should at the least be modified to an adjudicatory device rather than a rule of la… | |
| 24-6261 | Thaddeus J. Culpepper v. United States | Ninth Circuit | 2025-01-10 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness | Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t… |
| 24-5595 | David Tran v. United States | Fifth Circuit | 2024-09-20 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea plea-withdrawal voluntariness | If a guilty plea was not entered into knowingly and voluntarily, may it be withdrawn under without inquiry into other factors? |
| 24-5236 | Francisco German Alvarez v. United States | Ninth Circuit | 2024-08-06 | Denied | Response WaivedIFP | boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver | In determining the questioned voluntariness of the guilty plea, did the Ninth Circuit impermissibly create confusion when it misapplied the lower stan… |
| 23-6836 | Ruixue Shi, aka Serena Shi v. United States | Ninth Circuit | 2024-02-27 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness | Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d… |
| 23-5978 | Brian Keith Person, Jr. v. United States | Fourth Circuit | 2023-11-08 | Denied | Response WaivedIFP | appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness | Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun… |
| 23-5445 | William Bazemore v. United States | Second Circuit | 2023-08-25 | Denied | Response WaivedIFP | abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal | I WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT DENIED DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA AND FAILED TO MAKE FACTUAL FINDINGS N… |
| 22-6133 | David Priester v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-11-23 | Denied | Response WaivedIFP | anders-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights right-to-counsel sentencing-mitigation voluntariness waiver-of-counsel | Battery or identify theft, where one pays inconsistent testimony battery, and the statute of grand theft? Is Does the petitioner have a due process r… |
| 22-5935 | Devon Miller v. Superintendent, Shawangunk Correctional Facility | Second Circuit | 2022-10-28 | Denied | IFP | confession-admissibility custodial-interrogation fifth-amendment miranda-v-arizona miranda-warnings police-interrogation police-interrogation-tactics self-incrimination two-step-interrogation voluntariness | The court first core constitutional holding in Miranda v. Arizona was to confirm that the Fith Amendment privilege serves to protect all persons in al… |
| 22-5781 | Joseph Isaiah Woodson, Jr. v. United States | Eleventh Circuit | 2022-10-06 | Denied | Response WaivedIFP | 5th-amendment civil-rights confession-voluntariness custody-determination due-process law-enforcement-procedure miranda miranda-rights race racial-discrimination voluntariness | Whether a court can take a defendant's race into account to determine whether the defendant's custody, and thus his subsequent un-Mirandized confessio… |
| 21-7020 | Charles David Gordon v. Joe A. Lizarraga, Warden | Ninth Circuit | 2022-01-31 | Denied | Response WaivedIFP | brady-disclosure criminal-procedure due-process evidence-admissibility mental-health segregation self-incrimination voluntariness voluntary-statements | I. Whether a defendant's statements may be admitted into evidence when the statements were made while she was placed in segregated confinement based o… |
| 21-6563 | Hector Sanchez-Torres v. Florida | Florida | 2021-12-09 | Denied | IFP | coerced-confessions coercive-police-activity colorado-v-connelly confession-voluntariness criminal-procedure due-process law-enforcement-threats motivating-cause police-misconduct probable-cause quid-pro-quo voluntariness | 1. Whether the appropriate interpretation of Colorado v. Connelly's "essential link" between coercive police activity and a suspect's confession is a … |
| 21-5921 | Shikisha Monet Tidmore v. Michigan | Michigan | 2021-10-06 | Denied | IFP | admissibility constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel law-enforcement-statements legality pre-trial-investigation sixth-amendment trial-counsel voluntariness | Whether Petitioner's constitutional rights have been violated under the United States Constitution VI Amendment where Petitioner was denied due proces… |
| 21-5373 | Bernard Hollomond v. Tracy Ray, Warden | Fourth Circuit | 2021-08-13 | Denied | IFP | confusion constitutional-rights due-process evidence-consideration jury-trial knowing-and-intelligent sentencing trial-procedure voluntariness waiver | Question not identified. |
| 21-122 | Davin Seth Waters v. United States | Fifth Circuit | 2021-07-28 | Denied | Response Waived | criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness | 1) Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary? |
| 20-6675 | Augustine L. Cavitte v. Nebraska | Nebraska | 2020-12-21 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-admissibility law-enforcement-conduct miranda-rights prosecutorial-misconduct self-defense self-incrimination voluntariness | 1) Did the lower courts err in finding Ms. Cavitte's statements admissible contrary to present Miranda standards? a. Did the Nebraska Court of Appeals… |
| 20-6106 | Rafael Cruz v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness | When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced t… |
| 20-6051 | Jonathan Ortiz-Torres v. United States | First Circuit | 2020-10-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness | Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the… |
| 20-5117 | Jeremiah M. Rodgers v. Florida | Florida | 2020-07-21 | Denied | IFP | constitutional-rights criminal-defendant due-process equal-protection gender-dysphoria medical-condition voluntariness waiver-voluntariness waivers | Whether the newly discovered evidence of a criminal defendant's medical condition, including gender dysphoria, may implicate the voluntariness of prio… |
| 19-7847 | Lee D. Watts v. Tennessee | Tennessee | 2020-03-02 | Denied | Response WaivedIFP | confession confession-suppression criminal-interrogation criminal-procedure ineffective-assistance police-interrogation police-questioning right-to-counsel sixth-amendment suppression voluntariness | Question #1: Whether petitioner's Original trial counsel rendered ineffective assistance of counsel in violation of U.S. Const. Amn. 6 when counsel fa… |
| 19-7310 | Michael Charles Smith v. Florida | Florida | 2020-01-15 | Denied | Relisted (2)IFP | confession-voluntariness criminal-procedure due-process involuntary-confession medication-effects medication-impairment mental-capacity narcotic-medication physical-condition psychological-coercion voluntariness | At the time the critical statements were made the mind of the accused was insuffientlr clear and hampered by the combination of his Phrsical condition… |
| 19-6665 | Wesley Harlan Kingsbury v. United States | Ninth Circuit | 2019-11-18 | Denied | Response WaivedIFP | criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness | The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate… |
| 19-6471 | Diego Alonso Lozano-Perez v. United States | Ninth Circuit | 2019-11-01 | Denied | Response WaivedIFP | constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea | Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi… |
| 19-6463 | Michael A. Albert v. New York | New York | 2019-11-01 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment due-process fair-trial fifth-amendment fourteenth-amendment outrageous-conduct police-agent right-to-present-defense sexual-inducement voluntariness | Question 1: In the Appellate Division, Fourth Department's order, both the decent and majority agreed that Ms. Sheritta Jefferson was an agent of the … |
| 19-5581 | William Henry Stephens, Jr. v. United States | Fourth Circuit | 2019-08-13 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness | Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently. |
| 18-9523 | Amnon Ami Levi v. United States | Eleventh Circuit | 2019-06-03 | Denied | Response WaivedIFP | custodial-interrogation isolation language-abilities miranda-rights miranda-v-arizona neutral-location police-domination police-isolation totality-of-circumstances totality-of-the-circumstances voluntariness | I. Whether factors of police domination and isolation can result in custodial interrogation within the meaning of Miranda v. Arizona, 384 U.S. 436 (19… |
| 18-8816 | Charles Ray Hooper v. United States | Fifth Circuit | 2019-04-12 | Denied | Response WaivedIFP | 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness | Where an appellate court, in connection with an application for a Certificate of Appealability ("COA"), decides that circuit precedent precludes the u… |
| 18-8143 | Stephen Talbert v. United States | Eighth Circuit | 2019-02-26 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness | Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact discoverable during pretrial investigat… |
| 18-1102 | Askia Cuff v. Virginia | Virginia | 2019-02-22 | Denied | Response Waived | abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal | Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion – t… |
| 18-7537 | Felix Ricardo Saldierna v. North Carolina | North Carolina | 2019-01-24 | Denied | Response WaivedIFP | 5th-amendment due-process interrogation-rights juvenile-confession limited-english limited-english-proficiency parental-consent police-interrogation self-incrimination social-science voluntariness | Whether the North Carolina Supreme Court erred in finding a juvenile confession to be voluntary where a 16-year-old juvenile with limited English skil… |
| 18-7078 | Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States | Ninth Circuit | 2018-12-18 | Denied | Response WaivedIFP | appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver | The petitioner (criminal defendant below) claimed that his plea was involuntary, so therefore his appellate waiver was involuntary. The District Court… |
| 18-6846 | Luis A. Pena v. Maryland | Maryland | 2018-11-27 | Denied | Response WaivedIFP | appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness | I. Whether The Maryland Appellate Courts In Concluding Pena Failed To Sustain His Burden Of Proving He Did Not Voluntarily And Knowingly Enter A Guilt… |
| 18-6811 | Damaso Rivera Fonseca v. United States | Eleventh Circuit | 2018-11-26 | Denied | Response WaivedIFP | criminal-procedure custody due-process interrogation interrogation-limits miranda-rights rhode-island-v-innis right-to-counsel spontaneous-statement voluntariness | IF AN INTERROGATOR FAILS TO REMAIN WITHIN THE BRIGHT-LINE AFTER THE SUSPECT INVOKE COUNSEL, CAN A SPONTANEOUS STATEMENT -WHICH IS MADE AFTER THE SUSPE… |
| 18-6417 | Derrick Wilson v. United States | Second Circuit | 2018-10-24 | Denied | Response WaivedIFP | faretta-v-california faretta-waiver Fifth-Amendment-due-process Fourth-Amendment Franks-v-Delaware johnson-v-zerbst pro-se-representation right-to-counsel sixth-amendment sixth-amendment-right United-States-v-Giordano voluntariness waiver wiretap-application | When (a) trial counsel informs the court that he is not prepared for trial; and (b) the court's Faretta colloquy does not inquire into the voluntarine… |
| 18-6258 | Steven Lazar v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2018-10-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | aedpa aedpa-standard confession confession-voluntariness criminal-procedure due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel merits-adjudication reliability standard-of-review third-circuit-review voluntariness | Did not the Pennsylvania state courts and the Third Circuit Court of Appeals convolute the difference between a confession's voluntariness and its rel… |
| 18-6203 | Larry Hayes v. Marvin Plumley, Warden | Fourth Circuit | 2018-10-03 | Denied | IFP | 5th-amendment confession-evidence criminal-procedure custodial-interrogation due-process false-confession miranda-rights miranda-waiver miranda-warning police-conduct police-interrogation voluntariness | First, what constitutes a promise of leniency that destroys the voluntariness of a subsequent confession? Second, given what we now know about the pre… |