witness-testimony

331 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6843 Ron Delano Kuntz v. United States Third Circuit 2026-02-18 Pending IFP appellate-review confrontation-clause criminal-procedure due-process evidentiary-hearing witness-testimony 1) Whether tte District Court exclusion of an material witness testimony was reasonable especially being a mariner of the Court and then depending up…
25-6816 Carlos Javier Figueroa v. United States Second Circuit 2026-02-13 Pending IFP counsel-override criminal-defense defendant-autonomy ineffective-assistance sixth-amendment witness-testimony In McCoy v. Louisiana, 584 U.S. 414 (2018), this Court held that (1) the Sixth Amendment guarantees a criminal defendant the autonomy to decide the ob…
25-6445 Charlie Bullock v. Virginia Virginia 2025-12-30 Pending Response WaivedIFP 14th-amendment constitutional-rights criminal-trial due-process false-testimony witness-testimony (1) . In claim number two of petitioner's state "Motion to Vacate", was the petitioner's 14th Amendment Due Process Rights violated when Detective Cuf…
25-618 Craig Jonathan Warner v. Texas Texas 2025-12-01 Pending constitutional-rights criminal-procedure due-process false-testimony fourteenth-amendment witness-testimony 1. At least ten states' courts and four federal circuit courts recognize that a state's unknowing presentation of false testimony denies a defendant d…
25-5997 Tremane Wood v. Oklahoma Oklahoma 2025-10-30 Denied Amici (4)IFP brady-violation capital-punishment judicial-bias napue-violation prosecutorial-misconduct witness-testimony 1. Should this Court, after independently reviewing the factual record, grant Mr. Wood a new trial based on the Napue violation at his trial, as it di…
25-5815 Wilclin Saintil v. Florida Florida 2025-10-07 Denied IFP constitutional-rights criminal-procedure due-process fifth-amendment sixth-amendment witness-testimony I. WHETHER THE STATE COURT VIOLATED THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION IN DENYING THE ACCUSED HIS DUE PR…
25-305 Louise DeBerry v. Chicago Board of Education, et al. Illinois 2025-09-16 Denied Response Waived administrative-hearing due-process evidence-admissibility fourteenth-amendment fundamental-fairness witness-testimony Does the Due Process Clause of the Fourteenth Amendment provide a mechanism for relief in administrative hearings when evidence is introduced that is …
25-5610 Greg Gogin v. Michael Meisner, Warden Seventh Circuit 2025-09-11 Denied Response WaivedIFP due-process habeas-corpus presentence-investigation sentencing-accuracy statutory-interpretation witness-testimony Whether a defendant's sworn testimony while on the witness stand and under oath should be given credence as to the facts of his case and can defendant…
25-5533 Stanton Guillory v. United States Fifth Circuit 2025-09-03 Denied Response WaivedRelisted (2)IFP circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never…
25-5356 Oscar Oropeza v. Hector Rios, Warden, et al. Tenth Circuit 2025-08-14 Denied IFP compulsory-process constitutional-rights criminal-procedure cross-examination due-process witness-testimony Question not identified.
25-5311 Winston Sylvester Oliver, II v. United States Fourth Circuit 2025-08-08 Denied Response WaivedIFP abuse-of-discretion constitutional-rights de-novo-review fifth-amendment sixth-amendment witness-testimony 1. Whether a District Court's decision allowing a witness called by a criminal defendant to refuse to testify based on his claimed Fifth Amendment pri…
25-5253 Steven Tuopeh v. South Dakota South Dakota 2025-08-01 Denied Response RequestedResponse WaivedRelisted (8)IFP compulsory-process court-transport criminal-defense due-process trial-procedure witness-testimony I. In the present case, the Petitioner sought to transport a penitentiary inmate witness to testify at a murder trial via a transport order and subpoe…
25-5070 Kedrick Johnson v. Louisiana Louisiana 2025-07-09 Denied Response WaivedIFP brady-violation criminal-procedure evidence-disclosure forfeiture-by-wrongdoing legal-disclosure witness-testimony Did the State violate Brady v. Maryland when it failed to disclose a June 8, 2010, supplemental police report that would have made key witness Stephen…
24-7397 John Fitzgerald Hanson v. Oklahoma Oklahoma 2025-06-11 Denied IFP brady-violation capital-murder diligence-standard evidence-suppression prosecutorial-misconduct witness-testimony 1) Whether a court may impose a diligence standard rendering any evidence that can be obtained from witnesses per se available via the exercise of rea…
24-7378 Margarita Leanos v. Allen Dills, Warden Georgia 2025-06-06 Denied IFP appellate-counsel constitutional-challenge discriminatory-evidence gang-membership ineffective-assistance witness-testimony I WAS IT INEFFECTIVE ASSISTANCE OF COUNSEL OF APPELLATE COUNSELS FAILURE TO ARGUE THAT TRIAL COUNSEL WAS INEFFECTIVE FOR FAILURE TO ARGUE THE ADMISSIO…
24-7312 Leavon Z. Reeves v. Oluchi Akunne Maryland 2025-05-29 Denied Response WaivedIFP 14th-amendment adoption-fraud child-custody due-process social-worker-misconduct witness-testimony 1. "Whether The District Court erred in dismissing the case without a hearing? " 2. "Whether the district court erred in dismissing the case without …
24-7243 Dieudruch Emmanuel v. United States Eleventh Circuit 2025-05-19 Denied Response WaivedIFP criminal-procedure extraordinary-circumstances marital-privilege prejudicial-evidence probative-value witness-testimony WHETHER THE MARITAL PRIVILEGE WARRANTS LIMITING THE WIFE'S TESTIMONY UNDER EXTRAORDINARY CIRCUMSTANCES WHEN FAILURE TO DO SO WILL ALLOW HIGHLY PREJUDI…
24-7179 Jordash Tanksley v. Deshawn Jones, Warden Eleventh Circuit 2025-05-12 Denied IFP appellate-review constitutional-rights criminal-procedure due-process evidence-law witness-testimony Question not identified.
24-6957 Henry Pratt v. Pennsylvania Pennsylvania 2025-04-11 Denied IFP civil-suit evidence-suppression judicial-misconduct procedural-irregularity trial-court-error witness-testimony (1)"Where the Trial Court erred by precluding Addie Brice,Civil Suit statement and making that statement not to be part of the evidence in this case. …
24-1069 In Re Symon Mandawala 2025-04-10 Denied due-process ex-parte-communication federal-civil-procedure full-faith-and-credit summary-judgment witness-testimony Whether writ of mandumus should issue direct to both the Appeals and district court to uphold Article IV of the US constitution "full faith and credit…
24-6862 Brandon Durell Hardison v. United States Sixth Circuit 2025-03-26 Denied Response WaivedIFP conspiracy constitutional-rights criminal-procedure evidence-link murder-case witness-testimony Question not identified.
24-6726 Jason Krumback v. Amber Pirraglia, Acting Warden, et al. Eighth Circuit 2025-03-10 Denied Response WaivedRelisted (3)IFP court-jurisdiction habeas-corpus innocence-claim procedural-default sentencing-review witness-testimony 1. Can a person be a witness after sentencing? 2. Can testimony be withheld after it has been given? 3. Is a probation condition evidence? 4. Is a …
24-879 James Timothy Norman v. United States Eighth Circuit 2025-02-18 Denied Amici (1)Response Waived circuit-split evidentiary-standard federal-rule-evidence fifth-amendment state-of-mind-exception witness-testimony 1. Given that the Eighth Circuit is the lone holdout in an 11-1 circuit split on the meaning of Federal Rule of Evidence 803(3), should the Eighth Cir…
24-6558 Mauricio Gonzalez v. United States Eleventh Circuit 2025-02-13 Denied Response WaivedIFP criminal-procedure due-process eleventh-circuit judicial-notice statutory-interpretation witness-testimony 1. Whether the Eleventh Circuit erred in including the Government's post-trial misinterpretation of Florida Statute § 794.05 and 18 U.S.C. § 2423(a), …
24-6501 In Re Noel J. Bender 2025-02-07 Denied Response WaivedIFP criminal-conviction criminal-procedure domestic-abuse due-process residential-judgment witness-testimony Whether a defendant is prohibited from being a victim of his assault, such as that he and his victim are "household members" and the assault is thus a…
24-6460 Jonathan Mason v. United States Seventh Circuit 2025-02-03 Denied Response WaivedIFP bias-testimony confrontation-clause role-facilitation sentencing-hearing sixth-amendment witness-testimony Can a bias witness testimony, made during a bench trial in an unrelated case be admitted for its truth at Petitioner's sentencing hearing, to support…
24-6390 William Logsdon v. United States Fifth Circuit 2025-01-24 Denied Response WaivedIFP compulsory-process criminal-defendant fifth-amendment self-incrimination sixth-amendment witness-testimony When a criminal defendant seeks testimony from a witness who asserts the Fifth Amendment privilege as to all questions, must the district court make a…
24-6310 Descart Austin Begay, Jr. v. United States Eighth Circuit 2025-01-15 Denied IFP circuit-split evidence-rule fabrication impeachment prior-consistent-statement witness-testimony Subsection (i) of Federal Rule of Evidence 801(d)(1)(B) allows for admission of a declarant's prior consistent statement only when offered "to rebut a…
24-5896 Matthew Myke v. Wisconsin Wisconsin 2024-11-01 Denied Response WaivedIFP character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony 1. In a criminal case involving accusations of sexual assault in which the prosecution relies solely upon the testimony of the complainant, is it inef…
24-5897 Justin Jermaine Johnson v. Stephen Duncan, Warden Fourth Circuit 2024-11-01 Denied IFP criminal-procedure due-process evidentiary-admission harmless-error mistrial witness-testimony allowing investigator to testify via Skype video messenger 1: was Harmless Error? 2: Was statement to investigators freely and voluntarily given? 3:…
24-5778 Akmal Narzikulov v. United States Second Circuit 2024-10-18 Denied Response WaivedIFP due-process fifth-amendment jury-reliability perjury reasonable-doubt witness-testimony Whether one or more of the Government's witnesses committed perjury during the trial of the Petitioner that was so inherently contradictory and unreli…
24-5509 James Rashad Clay v. Roy Odum, Warden Eleventh Circuit 2024-09-10 Denied Response WaivedIFP chain-of-custody constitutional-rights criminal-procedure due-process forensic-evidence witness-testimony I. Who was the November 11, 2013 gunshot residue report under Division of Forensic Sciences Case# 2013-10 4511 by Georgia Bureau of Investigation exam…
24-5510 Dawayne Rolin Walker v. Michigan Michigan 2024-09-10 Denied IFP constitutional-rights criminal-procedure due-process evidence judicial-procedure witness-testimony Aejj-hfitdrio# vJ^s c,\e.cK<\i St+&$£s4ecl , VJ<xi V S'tawv as pbofo MCi W<4kfcf io // »h'l-'CoLX\\ 4\)C >J t4/i&ss wfrs *»«*><* h;s ?cel^'*<y e**»\f…
24-5467 Joseph Miller v. Dan Redington Eighth Circuit 2024-09-05 Denied IFP constitutional-rights criminal-procedure due-process exculpatory-evidence prosecutorial-misconduct witness-testimony I. Does Evidence That was in the STATE'S Possession: An Affidavit Signed by The PROSECUTOR: Recorded Evidence in Doctor's Note; And Transcripts from P…
24-5401 Whitney Leigh Estep v. United States Fourth Circuit 2024-08-27 Denied Response WaivedIFP appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MS. ESTEP'S ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY ALLOWING TH…
24-200 Hamett Diaz v. Pennsylvania, et al. Third Circuit 2024-08-22 Denied criminal-conviction due-process hearsay-testimony ineffective-assistance trial-counsel witness-testimony Whether the Third Circuit erred in failing to find that trial counsel provided the ineffective assistance of counsel in failing to object to the admis…
24-5291 Ethan Printemps-Herget v. Louis DeJoy, Postmaster General Ninth Circuit 2024-08-09 Denied Response WaivedRelisted (2)IFP constitutional-rights federal-court-procedure legal-representation pro-se-litigation summary-judgment witness-testimony Are Pro Se litigants entitled to participate fully in the legal process? How are pro se litigants expected to know case law to identify precedent? As…
24-5216 Ricky Mendoza v. William Sullivan, Warden Ninth Circuit 2024-08-02 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process habeas-corpus habeas-relief harmless-error sixth-amendment witness-testimony Whether the Ninth Circuit erred in denying habeas relief on petitioner's claim that the state trial court deprived him of his Sixth Amendment right to…
24-5217 Sheldon Hannibal v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2024-08-02 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence kyles-v-whitley materiality materiality-standard prosecutorial-misconduct witness-testimony In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that the prosecution violates due process when it withholds favorable evidence and the evide…
24-5073 Billy Hammonds v. Fredeane Artis, Warden Sixth Circuit 2024-07-15 Denied Response WaivedIFP burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony I. WAS MR. HAMMONDS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE FEDERAL AND STATE CONSTITUTIONS (U.S CONST. 1963, ART l § 20) WHERE TRI…
23-7810 Odell Calvin, aka Julius Jones v. Illinois Illinois 2024-06-26 Denied IFP civil-procedure civil-rights constitutional-rights criminal-procedure due-process evidence-fabrication habeas-corpus standing state-conviction takings witness-testimony Question not identified.
23-7777 Robert King Via, Jr. v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-06-21 Denied Response WaivedIFP 6th-amendment accomplice-testimony constitutional-law criminal-procedure criminal-rights due-process evidence exculpatory-evidence witness-testimony lo coo pi t & 6 dfftnddnfj c o $ e re sfs Coiely On 'fta urn lore a \>i refect of aiitjed accomf>lu£S\ dots Hie. defendants iLltl' dntnf Lon (fa]tvHmo…
23-7739 Cary Joseph Heath v. Texas Texas 2024-06-17 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication new-trial trial-fairness witness-testimony Question not identified.
23-7673 Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden Sixth Circuit 2024-06-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony 1.) WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO MOVE FOR A MISTRIAL, OR FILE A SEVERANCE MOTION IN THE CIRCUIT COURT, WHICH PREJUDICE HIS DEFENSE? FO…
23-7669 Anthony Bender, Jr. v. United States Seventh Circuit 2024-06-07 Denied Response WaivedIFP brady-violation burden-of-proof criminal-procedure due-process evidence evidence-sufficiency police-testimony prosecutorial-misconduct reasonable-sentence witness-testimony 1. Whether the government's failure to disclose the dash camera video constituted a Brady violation? 2. Whether a conviction based solely on the test…
23-7615 Randall Crater v. United States First Circuit 2024-06-03 Denied Response WaivedIFP compulsory-process criminal-procedure fair-trial sixth-amendment structural-error touhy-regulations trial-subpoenas witness-testimony Whether the district court's decision to quash three trial subpoenas because defendant did not comply with Touhy regulations violated defendant's Sixt…
23-7605 Rodrigo Alvarez-Quinonez v. United States Ninth Circuit 2024-05-31 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-court-split federal-rule-of-evidence federal-rules-of-evidence harmless-error jury-factfinding-role law-enforcement-witness law-enforcement-witnesses lay-opinion-testimony percipient-knowledge witness-testimony May a law enforcement agent give lay opinion testimony under Federal Rule of Evidence 701 based on the agent's overall knowledge of an investigation, …
23-7581 Glenn D. Odom, II v. Scott Jordan, Warden Sixth Circuit 2024-05-29 Denied Response WaivedIFP conflict-counsel conflict-of-counsel constitutional-rights criminal-procedure criminal-rights due-process jury jury-questioning pro-se-defense waiver witness witness-testimony Please help uS T The ComfnonweAlhh ©h !Aer\hucKy V\a$ ndophed aa unconshihuhioned pAhtern And pfAthic^ Allowing Cour4 Appealed UvuyerS ho lolurh ©uh…
23-7528 Aaron Matthew Rentfrow v. United States Fifth Circuit 2024-05-21 Denied Response WaivedIFP criminal-procedure evidence fair-trial juror-misconduct jury-misconduct prosecutorial-conduct prosecutorial-misconduct sixth-amendment trial-procedure witness-testimony The district court erred by failing to grant a mistrial. Error in the following four respects, viewed in aggregate, deprived Mr. Rentfrow of his Sixth…
23-7257 Gavin G. Brown v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2024-04-18 Denied IFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel judicial-notice premeditated-murder self-defense use-of-force witness-testimony A) Whether the jury used unreasonable facts to prove a premeditated design. Where there was sufficient [provocation] to find Petitioner not guilty. B…
23-1091 Call-A-Head Portable Toilets, Inc., et al. v. New York State Department of Environmental Conservation, et al. New York 2024-04-08 Denied Response Waived administrative-law administrative-proceeding confrontation-clause criminal-procedure due-process evidence sixth-amendment witness-testimony Do the accused in State administrative proceedings have a Sixth Amendment right to confront and cross-examine witnesses whose written testimony serves…
23-6952 Frantz Brifil v. Florida Florida 2024-03-11 Denied Response WaivedIFP confrontation-clause constitutional-law crawford-v-washington criminal-procedure due-process evidence evidence-law hearsay out-of-court-statements sixth-amendment witness-testimony WHETHER THE STATE COURT VIOLATED THE MANDATE OF CRAWFORD AND PROGENY BY INTRODUCING A NON TESTIFYING WITNESS'S OUT-OF-COURT STATEMENTS?
23-6887 Brenda B. v. Tennessee Department of Children's Services Tennessee 2024-03-04 Denied Response WaivedIFP 6th-amendment confrontation-clause confrontation-rights criminal-procedure due-process evidence evidence-credibility hearsay-rules witness-credibility witness-testimony *Tb \ not have (X nc\v\V to Confront a\\ alltcjfd voi+ness? • v^o \ not have a rio^t Vo ut o\\ alleged axdwee? •D«\V I hcux, a dtjVfr to Q full and Pa…
23-6809 Warren Lee Mackey v. United States Eighth Circuit 2024-02-22 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process evidence harmless-error judicial-precedent prejudice prejudice-standard trial-testimony witness-bolstering witness-testimony Circuits are applying different tests to gauge prejudice resulting from testimony that improperly bolsters or vouches for the testimony of another wit…
23-6789 Randolph Maya v. Florida Florida 2024-02-20 Denied Response WaivedIFP evidence grand-jury grand-jury-testimony impeachment impeachment-evidence jury-instructions prior-inconsistent-statement substantive-evidence witness witness-testimony 1. Can a party knowingly call a witness it expects to testify contrary to previous statements in order for those statements to entered as substantive …
23-6730 Bryant Calloway v. United States Third Circuit 2024-02-13 Denied Response WaivedIFP appellate-jurisdiction criminal-procedure due-process fair-trial grand-jury ineffective-assistance-of-counsel judicial-review material-evidence prosecutorial-misconduct witness-credibility witness-testimony Whether despite evidence that the fundamental witness of the prosecution, in the shape of violation passed on the divergeceptions of Thomas Valdez Gui…
23-6741 Gerardo Ortiz v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-02-13 Denied Response WaivedIFP confrontation-clause due-process fair-trial fundamental-fairness habeas-corpus prosecutorial-misconduct right-to-confront witness-testimony The prosecutor wrongly informed the complaining witness, Monica Doe, that she had a right to refuse to testify. At trial, she exercised that purported…
23-6711 Ronnie Collins, Jr. v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence harmful-error harmless-error witness-testimony Whether the limits placed on Collins's right to cross-examine the central witness against him constituted harmful error.
23-6585 Arnulfo Fagot-Maximo v. United States Fourth Circuit 2024-01-26 Denied Response WaivedIFP appellate-review certificate-of-appealability criminal-procedure district-court due-process fourth-circuit government-vouching habeas-corpus witness-testimony I. Should a writ of certiorari be granted to since the Fourth Circuit Court of Appeals erred in not granting a Certificate of Appealability II. Shoul…
23-6588 Aaron Ramirez Espinoza v. United States Ninth Circuit 2024-01-26 Denied Response WaivedIFP co-conspirator conspiracy criminal-evidence criminal-law due-process evidence government-informant sufficiency-of-evidence testimony witness-testimony Whether a government informant and co-conspirators testimony of another's involvement in the conspiracy is sufficient evidence to sustain a conviction…
23-6556 Robert Thrasher v. Georgia Georgia 2024-01-24 Denied Response WaivedIFP court-procedure due-process grand-jury indictment legal-record statutory-oath subject-matter-jurisdiction void-conviction witness-testimony Where there is no record of grand jury proceedings, this means there were no grand jury proceedings. The criminal jury proceeding was never a grand ju…
23-6530 Joseph Brodie v. United States Third Circuit 2024-01-23 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights due-process fifth-amendment-rights medical-records-alteration obstruction-of-justice rules-of-professional-conduct search-and-seizure witness-testimony 1. DOES THE DISCLOSURE OF ALTERED, MODIFIED, AND DELETED FEDERAL VETERANS AFFAIRS MEDICAL RECORDS -IN VIOLATION OF 18 U.S.C. 641 & 2071(b)- IN RECIPRO…
23-6468 Omar A. Rahman v. Pennsylvania Pennsylvania 2024-01-11 Denied Response WaivedIFP constitutional-provisions criminal-procedure due-process evidence pennsylvania-superior-court right-to-counsel right-to-defense search-and-seizure suppression-of-evidence unlawful-arrest witness-testimony Whether the Pennsylvania Superior Court's decision, affirming the denial of Petitioner's suppression of physical evidence claim, conflicts with the de…
23-6386 Michael Andrew King, Jr. v. United States Fourth Circuit 2023-12-28 Denied Response WaivedIFP appellate-review credibility-determination criminal-procedure due-process due-process-rights evidence jury-instructions jury-trial mask-obstruction witness-credibility witness-testimony Whether an appellate court's traditional deference to credibility determinations made by jurors in returning a guilty verdict should give way where th…
23-6350 Brady Franklin v. Illinois Illinois 2023-12-26 Denied Response WaivedIFP confrontation-clause craig-precedent crawford-precedent crawford-v-washington intellectual-disability maryland-v-craig public-policy sixth-amendment witness-testimony After Crawford, is the balancing test created by Craig still good law, and if so, does extending its exemption for children from physical, face-to-fac…
23-6323 Ryan F. Duncan v. Florida Florida 2023-12-21 Denied IFP constitutional-rights criminal-procedure due-process identification-evidence mandatory-minimum parole photo-array plea-bargaining sentencing witness-testimony I. Does (x. \t\&\ CUjurV c\. c*\<nvrwOi &&£erAdn\r cP di/ve. process ujWexA (\tde^Mf\c^ (x. o^aAVm pk^ u)^<mV v^ftAin^ -\h(y*\ dootxV (k. vmc,d{*Wu ■V…
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…
23-641 Daisy Miller v. United States Eleventh Circuit 2023-12-14 Denied Response Waived constitutional-rights criminal-defense criminal-procedure due-process independent-investigation ineffective-assistance ineffective-assistance-of-counsel investigation-failure trial-counsel witness-testimony Whether trial counsel's near total reliance on the defendant's characterization of proposed defense witnesses' testimony, and the failure to conduct m…
23-485 Jesus Arley Munera-Gomez v. United States First Circuit 2023-11-08 Denied compulsory-process constitutional-rights due-process entrapment entrapment-defense government-misconduct prosecutorial-discretion self-incrimination use-immunity witness-immunity witness-testimony Whether a defendant is constitutionally entitled to obtain use immunity for the only person who can disprove the defendant's guilt, when the Governmen…
23-5971 Kevondric Fezia v. United States Fifth Circuit 2023-11-07 Denied Response WaivedIFP closing-arguments confrontation-clause criminal-procedure due-process hearsay jury non-testifying-witness prosecutorial-argument sixth-amendment witness-testimony Does the Confrontation Clause apply to statements made by a prosecutor during closing arguments that detail for the jury what a non-testifying witness…
23-406 Taylor J. Matson v. United States Ninth Circuit 2023-10-18 Denied Response Waived case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma…
23-5741 Hewitt A. Grant, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections Florida 2023-10-10 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights confrontation-clause constitutional-law constitutional-rights criminal-procedure due-process federal-prosecution jurisdiction standing witness-testimony Question not identified.
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…
23-5199 Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2023-07-26 Denied IFP compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability 1. IS FEDERAL DUE PROCESS VIOLATED UNDER THE "COMPULSORY PROCESS" WHERE A FEDERAL COURT CONCLUDES THAT A PETITIONER'S COUNSEL INEFFECTIVE CLAIM LACKS …
23-5158 Martice Deshawn Wallace v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-jurisdiction fourteenth-amendment fourth-amendment habeas-corpus suppression-of-evidence witness-testimony Question not identified.
23-5105 Russell Garvis Griffith, Jr. v. United States Tenth Circuit 2023-07-14 Denied IFP child-abuse circuit-split evidence-rule-803(4) hearsay hearsay-exception household-abuse medical-diagnosis medical-treatment rule-803(4) witness-testimony Whether a party seeking to admit an out-of-court statement pursuant to Rule 803(4) must show that the speaker subjectively knew that the identity of t…
23-5019 Kevin Y. Jin, et al. v. Rafael Velasquez, et al. Ninth Circuit 2023-07-03 Denied Response WaivedRelisted (2)IFP arbitration arbitration-dispute car-accident-injury civil-procedure civil-rights document-falsification due-process insurance-bad-faith medical-evidence standing witness-testimony Appeal/Trial Courts should not allow blatant perjury and/or false statements to be considered just. Also, Appeal Court will not reopen this case unles…
22-7905 Tikisha Upshaw v. California California 2023-06-29 Denied IFP cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony Question not identified.
22-7793 Nedeltcho Vladimirov v. United States Fourth Circuit 2023-06-15 Denied Response WaivedIFP confrontation-clause covid-19-restrictions criminal-procedure due-process fair-trial less-restrictive-alternatives sixth-amendment speedy-trial witness-testimony Whether the Confrontation Clause of the Sixth Amendment is violated by requiring all trial witnesses to testify with masks that covered the majority o…
22-7641 Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections Tenth Circuit 2023-05-25 Denied IFP criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony #1. Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant. #2. Why…
22-7542 Wilber Curtis Johnson v. Texas Texas 2023-05-12 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process evidence federal-constitution sexual-assault texas-constitution trial-procedure witness-testimony Whether testimony can be sufficient to render harmless any error in admitting additional testimony in evidence, when trial counsel objected to testimo…
22-1097 Don Fitzgerald Hancock v. United States District of Columbia 2023-05-10 Denied Response Waived confrontation-clause due-process effective-assistance-of-counsel plain-error religious-freedom religious-garment sixth-amendment witness-testimony Petitioner was convicted of second degree murder based largely on the testimony of the sole witness to the killing, who placed Petitioner at the scene…
22-7501 Leon Caril, II v. Washington Washington 2023-05-09 Denied IFP appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony 1. an as an Jvshce [A deciding Prosecuterial Vindiot veness OF appeals a ys want jvstee ta dec? " PTesecutecs 2. fA cidiag oX two Count ConyicHea Sor…
22-7466 Richard Eugene Glossip v. Oklahoma Oklahoma 2023-05-04 Judgment Issued Amici (18)IFP brady-v-maryland brady-violation capital-punishment due-process evidence-suppression false-testimony kyles-v-whitley materiality napue-v-illinois prosecutorial-misconduct witness-testimony 1. a. Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that w…
22-1075 James E. Hinkle v. Ron Neal, Warden Seventh Circuit 2023-05-04 Denied Response Waived 6th-amendment confrontation-clause criminal-procedure due-process evidence federal-precedent impeachment impeachment-evidence witness-testimony 1. Whether The United States Court of Appeals for the Seventh Circuit's decision was contrary to federal precedent when it held that Hinkle's federal …
22-7337 Toforest Onesha Johnson v. Alabama Alabama 2023-04-20 Denied Amici (2)IFP brady-v-maryland brady-violation capital-murder death-penalty post-conviction-proceedings post-conviction-relief prosecutorial-misconduct reward-payment suppressed-evidence witness-testimony Did the State suppress evidence under Brady in the extraordinary circumstances of this death penalty case?
22-7174 James R. Householder, Jr. v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2023-04-03 Denied IFP cross-examination due-process Fair-trial Fourteenth-Amendment Impeachment Inconsistent-testimony ineffective-assistance Ineffective-counsel Sixth-Amendment witness-testimony 1. Was I deprived of my (14th) Fourteenth Amendment of due process of a fair trial, when I pleaded with my trial attorney and the Judge Meagan Bilik-D…
22-7075 Dennis Morgan Hicks v. Alabama Alabama 2023-03-22 Denied IFP child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony 1. Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him, as set forth in Crawford v. Washington and…
22-855 Keith Raniere v. United States Second Circuit 2023-03-08 Denied Response Waived cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Because it impacts upon the very structure of the trial, should a finding of absolute harmlessness, rather than harmlessness beyond a reasonable doubt…
22-6952 Brian Duane Brookins v. Georgia Georgia 2023-03-07 Denied IFP constitutional-rights criminal-procedure due-process impartial-jury jury-impartiality right-to-counsel sixth-amendment trial-fairness turner-v-louisiana witness-testimony In this Georgia death penalty case, the local Sheriff gave key testimony for the State, detailing his investigation of the crime and arrest of Petitio…
22-6920 Ogerta Helena Hartwein v. Missouri Missouri 2023-03-03 Denied IFP civil-rights confrontation-clause criminal-procedure custody domestic-violence due-process forfeiture forfeiture-by-wrongdoing intent witness-testimony Pre. urstodys, Somedute sheuated on We 20\& order, The Gimina® Ur Way aod Noring tap Wer Son ¥o Fates on Quar lb) old, per The 2OIA order The, Missour…
22-798 William Michael Crothers v. Wyoming Wyoming 2023-02-23 Denied Response Waived brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence impeachment-material prosecutorial-misconduct witness-credibility witness-testimony In a criminal case based on disputed eyewitness testimony, is the Constitutional rule set out in Brady v. Maryland and its progeny prejudicially viola…
22-6828 Luis Espinoza v. Tammy Foss, Warden Ninth Circuit 2023-02-22 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure due-process fourteenth-amendment jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony Were Mr. Espinoza's Sixth and Fourteenth Amendment rights violated by: (1) the jury's viewing a witness's refusal to testify; (2) the prosecutor askin…
22-777 William E. Henry v. Steven T. Marshall, Attorney General of Alabama Eleventh Circuit 2023-02-17 Denied Response Waived butterworth-precedent compelled-speech constitutional-law first-amendment free-speech grand-jury grand-jury-secrecy prior-restraint secrecy witness-testimony Nearly 33 years ago, this Court decided Butterworth v. Smith, 494 U.S. 624 (1990), holding that grand jury secrecy laws restricting a grand jury witne…
22-678 Keming Lu v. Northern Utah Healthcare Corporation, dba St. Mark's Hospital Utah 2023-01-23 Denied Response WaivedRelisted (2) 14th-amendment 5th-amendment 7th-amendment amendment-rights civil-rights constitutional-rights due-process labor-commission trial-de-novo witness-testimony workplace-termination 1). Was it a violation of Petitioner 's constitutional rights guaranteed by the 5th and 7th amendments when Petitioner 's petition for a trial of de…
22-615 Estate of Eric Jack Logan v. City of South Bend, Indiana, et al. Seventh Circuit 2023-01-05 Denied circuit-split civil-rights credibility credibility-challenge due-process legal-procedure police-shooting summary-judgment witness witness-testimony A police shooting case where the defendant officer has killed the only other witness to the incident presents difficult questions. The circuits are di…
22-6465 Jess Richard Smith v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process federal-law jurisdiction post-conviction state-court stay witness-testimony AjW A Uer -xUe. csAA^- c<pop4" -£ L^u3 uMzr -\Ue~ Ao<2__ ^roeeSLS ' Clause- c& AUg- LaA-VA S\a\-<^s C^ l\sVA o-VA( s-i\ as V° l-5 AAAs r0 (^por-WA--…
22-6442 Brennan Thomas Baker v. Wyoming Wyoming 2023-01-04 Denied Response WaivedIFP abuse-of-discretion cell-phone-recording criminal-evidence criminal-procedure due-process evidence evidentiary-abuse-of-discretion fourth-amendment legal-admissibility surveillance surveillance-footage witness-testimony DID THE DISTRICT COURT ABUSE ITS DISCRETION WHEN IT ADMITTED THE STATE'S CELL PHONE RECORDING OF SURVEILLANCE FOOTAGE THAT CAPTURED THE ALTERCATION BE…
22-6435 Willie Tyrone Shipley v. D. Holbrook Ninth Circuit 2022-12-30 Denied Response WaivedIFP civil-rights confrontation constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence fourteenth-amendment prosecutorial-discretion sixth-amendment witness-testimony 1.) Is a defendant deprived of his right to Confrontation and due Process within the meaning of the Sixth, and Fourteenth Amendments Whea the District…
22-6292 Ryan L. Bessert v. Wisconsin Wisconsin 2022-12-13 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-interpretation crawford-precedent crawford-v-washington criminal-procedure due-process maryland-v-craig ohio-v-roberts two-way-video witness-testimony Our constitution codifies the ancient right of confronting one's accuser. Relying on Ohio v. Roberts, this Court has held a procedure which eliminates…
22-6209 Mayeli Molina v. United States Fifth Circuit 2022-12-02 Denied Response WaivedIFP civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony 1. Whether Molina's substantial rights were affected when two-thirds of the Government's witnesses testified in dual roles as experts and fact witness…
22-6159 Jeffrey Morris v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-11-29 Denied IFP actual-innocence appellate-review constitutional-rights criminal-procedure due-process evidentiary-hearing post-conviction recantation witness-testimony Does the State of Florida violate a defendant's due process and/or constitutional right to present a defense in conviction challenges and entitlement …
22-6160 Wayland Lynn Dilts v. Mike Brown, Warden Sixth Circuit 2022-11-29 Denied Response WaivedIFP aedpa aedpa-standard constitutional-violation courtroom-closure due-process public-trial public-trial-right sixth-amendment sixth-circuit weaver-v-massachusetts witness-testimony This case involves an unprecedented public-trial violation claim like no other brought before this Court. The record here reflects, that during a jury…
22-6162 Donald Lee Scott v. Arizona Arizona 2022-11-29 Denied Response WaivedIFP burden-of-proof constitutional-rights criminal-procedure due-process pre-accusation-delay prejudice prosecutorial-delay prosecutorial-discretion statute-of-limitations witness-testimony What is the proper standard for evaluating pre-accusation delay?
22-6136 Juan Martin Figueroa v. W. L. Montgomery, Warden Ninth Circuit 2022-11-22 Denied Response WaivedIFP brady-violation compulsory-process due-process ethical-standards fair-trial habeas-corpus prosecutorial-misconduct witness-testimony Whether the Prosecutor Deprived Figueroa of Due Process, Compulsory Process, and a Fair Trial by Intentionally Misleading Defense Counsel?
22-450 Gregory Shields, Sr. v. Kentucky Kentucky 2022-11-15 Denied Amici (3)Response RequestedResponse WaivedRelisted (2) confrontation-clause constitutional-standard crawford-v-washington cross-examination due-process preliminary-hearing state-court-division state-court-split witness-testimony When, if ever, does a preliminary hearing provide an "adequate opportunity" for cross-examination under the Confrontation Clause?
22-6033 Daniel A. Schillinger v. Josh Kiley, et al. Seventh Circuit 2022-11-09 Denied IFP allow complaint amendment and exclude witnesses violates a prisoner's due p administrative-procedure civil-rights disciplinary-proceedings due-process institutional-safety prison prison-disciplinary-proceedings witness witness-testimony 1) The DOG prison had failed to give me a copy of the video tape of the assault taking place on Sept. 17, 2015. 2) I did allege to the federal court…
22-6016 Sheila Gray v. City of Detroit, Michigan Sixth Circuit 2022-11-08 Denied IFP civil-procedure court-discretion judicial-error jury-verdict overturning-verdict standard-of-review substantial-evidence trial-evidence trial-procedure weight-of-evidence witness-testimony 1. Whether Appellant presents substantial evidence that the unanimous jury verdict goes against the great weight of the evidence presented at trial …
22-6009 David Matthew Carter v. South Carolina South Carolina 2022-11-07 Denied IFP civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony Did the trial Court commit reversable error by removing Petitioner from the courtroom and forcing him to watch his trial via closed circuit monitoring…
22-421 D. A.. v. Portage County, Wisconsin Wisconsin 2022-11-04 Denied Response Waived 14th-amendment 6th-amendment children-in-need-of-protection civil-rights cross-examination due-process family-law fourteenth-amendment sixth-amendment standing witness-testimony Whether a natural father is entitled to basic Sixth and Fourteenth Amendment Due Process during Wisconsin Children in Need of Protection or Services p…
22-5974 Draco Aurum Rat v. Mark Brnovich, Attorney General of Arizona, et al. Ninth Circuit 2022-11-02 Denied IFP constitutional-rights due-process evidence-suppression evidentiary-issues fair-trial prosecutorial-misconduct witness-testimony 1) DID THE TRIAL A PROSECUTOR USED FALSE AND MISLEADING TESTIMONY, USED FALSE INFLAMMATORY QUESTIONS, AND SOLICITED FALSE TESTIMONY IN COMMITTING FUND…
22-5875 Bryan Protho v. United States Seventh Circuit 2022-10-21 Denied Response WaivedIFP 18-usc-3509 child-victim closed-circuit-testimony criminal-procedure district-court district-court-procedure statutory-interpretation testimony two-way-closed-circuit-television witness-testimony Whether 18 U.S.C. § 3509 requires a district court to question a child victim on the record before to introducing the child victim 's testimony at tri…
22-5826 Alonzo Peters v. United States Fifth Circuit 2022-10-14 Denied Response WaivedIFP brady-materiality brady-v-maryland conspiracy criminal-law criminal-procedure drug-trafficking due-process fifth-circuit kyles-v-whitley suppressed-evidence witness-testimony L. Whether a defendant's convictions for conspiracy and drug trafficking conspiracy must be vacated where the defendant had no commercial association …
22-5719 Shannon Dewayne Reece v. Texas Texas 2022-09-29 Denied IFP aggravated-robbery criminal-conviction double-jeopardy due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct state-court-precedent witness-testimony CAN A PERSON BE CONUICTEO OF AN OFFENSE; EVEN AFTER THE UICTIM TESTIFIES THAT THE DEFENDANT IS NOT THE PERSON THAT ASSAULTED OR ROBBED THEM? IS -IT A…
22-5663 Danny Terron Roney v. United States Fourth Circuit 2022-09-22 Denied Response WaivedIFP civil-procedure civil-rights constitutional-interpretation contract-rights due-process legal-procedure property sovereign-rights standing takings witness-testimony 1.) Who owns the Dollar General Scores corporation? 2) Did the AUSA investigate who owns that franchise that was claiming to have been robbe^? 3) Wh…
22-5602 Edward Ellis, III v. Missouri Missouri 2022-09-19 Denied Response WaivedIFP constitutional-standard ineffective-assistance ineffective-assistance-of-counsel legal-argument missouri-law prejudice reasonable-strategy sixth-amendment trial-counsel witness-testimony 1. Whether, in direct conflict with other federal and state decisions, the Missouri Court of Appeals correctly held that under the Sixth Amendment, tr…
22-5560 Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-09-13 Denied IFP brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony I. IF THE PROSECUTOR MAKES A PRETRIAL OFFER OF LENIENCY TO A WITNESS IN EXCHANGE FOR THAT WITNESSES' TESTIMONY AGAINST THE DEFENDANT, AND THE WITNESS…
22-5492 William Wallace v. Florida Commission on Offender Review Eleventh Circuit 2022-09-01 Denied Response WaivedIFP civil-rights criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency judicial-review reasonable-doubt sentencing standing witness-testimony (1) Is it abuse of false evidence to convict a petitioner for a crime, where there has never been any proof of deception that does use / in this case?…
22-5475 Merlin Williams v. Burl Cain, Warden Fifth Circuit 2022-08-30 Denied Response WaivedIFP circumstantial-evidence civil-rights constitutional-rights criminal-procedure due-process equal-protection habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct witness-testimony wrongful-conviction Question not identified.
22-5463 Rahmael Sal Holt v. Pennsylvania Pennsylvania 2022-08-29 Denied IFP adequate brady-claim default-ruling due-process federal-law federal-review independent jurisdiction jurisdictional-challenge prosecutorial-misconduct witness-testimony 1. Does the United States Supreme Court have jurisdiction to hear Petitioner's Brady claim because the Supreme Court of Pennsylvania's default ruling …
22-5412 Clifton Lee Tribble v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-22 Denied Relisted (2)IFP civil-rights constitutional-rights criminal-procedure due-process evidence-collection habeas-corpus judicial-review police-procedure standing witness-testimony Question not identified.
22-5350 Randolph J. Norwood v. Florida Florida 2022-08-16 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence fatal-variance trial-integrity victim-identification witness-testimony Can a State charge a defendant with committing a crime against a specific individual and at trial present a completely different individual as the all…
22-5117 Wade Robertson v. Committee on Grievances for the United States District Court for the District of Columbia District of Columbia 2022-07-18 Denied Response WaivedIFP administrative-proceedings confrontation confrontation-clause constitutional-rights cross-examination due-process professional-license professional-licensing quasi-criminal witness-testimony 1. Does the Federal Constitution secure to the holder of a professional license, such as an attorney, the right to confront and cross-examine adverse …
22-40 Isiah Dozier v. United States Eighth Circuit 2022-07-14 Denied Response Waived 18-usc-1791 criminal-defendant criminal-defense evidentiary-standard knowledge-requirement prohibited-object rock-v-arkansas rock-v-armenia sixth-amendment witness-testimony The questions presented for the Supreme Court concern the Constitutional right of a Criminal Defendant to call a witness in his own defense at trial a…
22-5072 Basil Bey v. United States Third Circuit 2022-07-12 Denied Response WaivedIFP criminal-procedure criminal-trial due-process evidence-rule-701 evidentiary-standards federal-rules-of-evidence law-enforcement-testimony opinion-evidence uniform-standards witness-testimony 1. Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701.
22-5080 Jacky Cardale Mayfield v. Oklahoma Oklahoma 2022-07-12 Denied IFP confidential-witness due-process Fourth-Amendment Fourth-Amendment-search In-camera-hearing ineffective-counsel Probable-cause search-warrant Shackling Witness-testimony P/ff^OSihovi Search ujarfarti ISSu-eJ f,tarCf w/lPPe-llosiJs Pham ujas Qf.ne.rd m toalufe cmal lheJe. far~t unlawful m UiolafhW o( 1h£ faurih AlyienAm…
22-5046 James R. Butler v. Florida Florida 2022-07-07 Denied Response WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure due-process foreign-witness oath oath-validity witness-testimony QUESTION A: Is the oath of the State's witness invalid in a criminal proceeding when that witness testifying from a foreign country by video-satellite…
21-1611 Robert Koger v. United States Fourth Circuit 2022-06-29 Denied Response Waived conflict-of-interest criminal-defense criminal-investigation defense-counsel disclosure due-process reversal sixth-amendment witness witness-testimony 1. Whether a criminal defendant establishes an "actual " unwaiveable conflict of interest that adversely affects counsel 's representation when def…
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised release status, and returning him to prison. This overall issue consists of the …
21-8068 John Burke v. United States Second Circuit 2022-06-06 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance ineffective-assistance-of-counsel rico-case right-to-testify withdrawal-defense witness-testimony 1. Did the Second Circuit err when it found that there was not an actual conflict without ordering a hearing in the District Court when defense counse…
21-8003 Loretta Jean Alford v. Merit Systems Protection Board Federal Circuit 2022-05-31 Denied Response WaivedIFP administrative-judge administrative-procedure civil-rights due-process hearing hearing-request merit-systems-protection-board standing witness witness-testimony 1) Did the Merit Systems Protection Board violate Petitioner's civil rights of due process when an administrative judge failed to provide Petitioner a…
21-7856 William Garrido v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-05-13 Denied IFP confrontation-clause constitutional-rights criminal-procedure due-process prosecutorial-conduct prosecutorial-misconduct read-back-testimony right-to-fair-trial witness-testimony 1. Whether a trial court violates a criminal defendant's constitutional right to due process of law by permitting a prosecutor to introduce previous u…
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue Due Process for a defendant whom pleads guilty, in addition, apply the Napue Due Process to the Rule requirement? W…
21-7567 Cornell Devore Rhymes v. United States Fourth Circuit 2022-04-06 Denied Response WaivedIFP 6th-amendment confrontation-clause constitutional-confrontation credibility criminal-defendant-rights evidence-rule-412 federal-rule-of-evidence-412 prior-sexual-history sex-trafficking witness-testimony Does a court violate a defendant's constitutional right to confront witnesses against him when, in a non-consensual sex trafficking case, the court re…
21-7551 In Re Mark Jendrzejewski 2022-04-05 Denied IFP brady-violation due-process evidence-withholding false-testimony fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment witness-testimony ONE IS FOURTEENTH AMENDMENT DUE PROCESS VIOLATED WHEN PROSECUTOR WITHHOLDS BIOLOGICAL AND RELATED EVIDENCE LAYING IN WAIT UNTIL PETITIONER MOVES HAB…
21-7487 Dion Fisher v. United States Eleventh Circuit 2022-03-29 Denied Response WaivedIFP 4th-amendment criminal-procedure discovery district-court-order evidentiary-ruling harmless-error motion-to-suppress suppression-hearing trial-witness-list witness-disclosure witness-testimony Whether petitioner is entitled to a new trial based on the district court's order denying his motion to suppress. Whether petitioner is entitled to a…
21-7427 William Gregory Snow v. Illinois Illinois 2022-03-22 Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as …
21-7370 Dante Leon Milon v. Tim Hooper, Warden Fifth Circuit 2022-03-15 Denied Response WaivedIFP confrontation-clause due-process fair-trial impartial-jury ineffective-counsel judicial-misconduct jury-misconduct mistrial recusal trial-errors witness-testimony I) If there is a critical discrepancy within the record Is die transcript complete? And a new trial; permitted? Pg 26 2. A witness allowed to give a…
21-7305 Steven Bryant v. Shawn Emmons, Warden Georgia 2022-03-08 Denied Response WaivedIFP criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify ag…
21-7286 Andrew J. Johnston v. Frances Ward, et al. Seventh Circuit 2022-03-07 Dismissed IFP bivens-action civil-procedure civil-rights due-process judicial-misconduct recusal-request standing transcript trial-transcript witness-testimony Does a claim#*ttw^if pourt reporter and district judge brought under the Bivens Act alleging precise material omissions from the transcript of a fede…
21-7242 Michael Wayne Kelly v. Texas Texas 2022-03-01 Denied IFP appellate-review confrontation-clause confrontation-right criminal-defense evidence evidence-exclusion right-to-present-defense sixth-amendment trial-court-error witness-testimony Did ths Court of Appeals err when it held that the trial court didnot commit error in excluding evidence that deprived Petitioner of his Sixth Amendme…
21-1129 Wen-Ting Zheng-Smith v. Nassau Health Care Corporation, dba NUHealth System, et al. Second Circuit 2022-02-15 Denied Response Waived academic-reviews attorney attorney-conduct civil-procedure court-discretion evidence evidence-submission government-findings judicial-procedure legal-evidence witness-statements witness-testimony The District Judge in this case directed the plaintiffs attorney to submit evidence through the defense's attorney. Can that evidence be presented by …
21-7117 Frederick Allen v. United States Fifth Circuit 2022-02-15 Denied Response WaivedIFP civil-rights constitutional-rights due-process effective-assistance-of-counsel government-misconduct ineffective-assistance-of-counsel judicial-misconduct judicial-misrepresentation plagiarism witness-testimony WAS DUE PROCESS VIOLATED WHEN THE DISTRICT COURT PLAGIARIZED A 31-COUNT WORD-FOR-WORD/COMMA-FOR-COMMA MISREPRESENTATION ORIGINALLY ATTRIBUTABLE TO THE…
21-7048 Christopher Gerken v. Illinois Illinois 2022-02-03 Denied IFP constitutional-rights courtroom-procedure due-process emotional-display fair-trial free-press motion-in-limine prejudicial-evidence prosecutorial-misconduct witness-testimony Was Christphe Gecens constituhina right to a Fair tral Wehhd wha a oro read 0 Pewspaper achek. contariog infeemadion thot wos barred From bung hearel …
21-7018 Jose Fuentes v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-02-01 Denied IFP character-evidence criminal-procedure deposition due-process ineffective-assistance ineffective-assistance-of-counsel insanity-defense medical-records subpoena trial-counsel witness-testimony Question one of ground one of Fuentes £2254 petition: Relevancy is everything when it comes to evidence, and the Petitioner 's private psychologist, D…
21-6860 Lanny Jay Lyerla, Jr. v. United States Fifth Circuit 2022-01-14 Denied Response WaivedIFP appellate-review civil-procedure constitutional-law court-correction due-process harmless-error judicial-error manifest-injustice plain-error procedural-fairness witness-testimony Oua aoAr©/\ court cao^z-5 a Uirivtle$.s err^<r +© become c< is 4^ere £>r -Ke <^^^;t_+o_a^L 4o "k'te cojrf aryj Uxye 4liK ^Uuvn ^rr^r corr^ crt<xi_3 >©…
21-6877 Alisha Dawn Aldridge v. Texas Texas 2022-01-14 Denied IFP civil-rights criminal-procedure due-process independent-investigation ineffective-counsel witness-testimony Question not identified.
21-6849 Edwin Vaquiz v. United States Third Circuit 2022-01-13 Denied Response WaivedIFP attorney-client-relationship constitutional-rights criminal-defendant-rights criminal-defense due-process judicial-discretion right-to-counsel right-to-testify sixth-amendment trial-counsel-strategy witness-testimony Whether a "Trial Attorney can prohibit or forbid, by coercion (threat to withdraw representation from Defendants Criminal Case), the Defendant to rest…
21-6751 Rudy Mendoza v. United States Third Circuit 2022-01-04 Denied Response WaivedIFP criminal-procedure defendant-rights deportation due-process material-evidence materiality victim witness witness-testimony 1. WHETHER THE GOVERNMENT MUST PROVIDE NOTICE TO A DEFENDANT PRIOR TO UNILATERALLY DEPORTING THE SOLE WITNESS AND SOLE ALLEGED VICTIM OF A PENDING CRI…
21-945 Wisconsin v. Manuel Garcia Wisconsin 2021-12-27 Denied confession criminal-confession criminal-procedure cross-examination due-process evidence-exclusion fifth-amendment miranda-warning miranda-warnings misleading-jury witness-testimony Can a criminal defendant's cross-examination of a witness for the State, designed to mislead the jury, open the door to the introduction of the defend…
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…
21-6635 Larry Alonzo Gibbs, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-16 Denied IFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process hearsay hearsay-evidence relevance reliability witness-testimony Does the State of Florida violate a defendant's right to confront witnesses when they allow the State to introduce evidence that a minor suffered from…
21-6638 Michael Lewis Gibbons v. Missouri Missouri 2021-12-16 Denied Response WaivedIFP 6th-amendment alleged-victim contradictory-testimony criminal-procedure due-process impartial-juror inconsistent-statements judicial-impartiality no-physical-evidence physical-evidence sixth-amendment witness-testimony Given 1) Inconsistent statements by the alledged victim 2) At least one statement by the alledged victim that is not physically possible 3) The 2 main…
21-6593 Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2021-12-15 Denied IFP 28-usc-2254 clearly-established clearly-established-law evidence-suppression federal-law greene-v-fisher habeas-corpus prosecutorial-misconduct state-court supreme-court-review united-states-v-bagley witness-testimony 1. Whether this Court should clarify its holding in Greene v. Fisher, 565 U.S. 34, 38 (2011), to reflect that the state court decision by which "clear…
21-6620 Tormu Prall v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. Third Circuit 2021-12-15 Denied Response WaivedIFP chain-of-custody criminal-procedure due-process evidence evidence-tampering fundamental-fairness prosecutorial-misconduct witness-testimony 1). While incarcerated at the county jail between October 2008 and February 04, 2010, state witnesses Jeneya Richardson and Kimberly Meadows wrote the…
21-873 Damon Goodloe v. Christine Brannon, Warden Seventh Circuit 2021-12-14 Denied Response Waived confrontation-clause criminal-procedure custody due-process show-up show-up-identification sixth-amendment witness-testimony Whether the Confrontation Clause of the Sixth Amendment permits the prosecution to introduce statements elicited at a show-up conducted after the lone…
21-6519 Jesse Driskill v. Missouri Missouri 2021-12-06 Denied IFP brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony I. Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review – contrary to Jefferson v. Upton,…
21-6041 Eric Benson Skeens v. Indiana Indiana 2021-10-21 Denied Response WaivedIFP civil-rights criminal-misconduct due-process evidence-suppression fair-trial judicial-bias prosecutorial-misconduct state-court-procedure witness-testimony 4VvC <2'V(^)r€. \V<> tf/jervfs 4o 4wnf>er (Xf\d ui'iAWnold £vi<4e/\ce. AivoroWe. 4o 4Wfl. LJVie-VWr line stafe Coor-V^ erreA i^n^n. Suppress VV.4 '\V\…
21-5943 Brandon Ward v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-10-12 Denied IFP 28-usc-2253 appellate-counsel certificate-of-appealability character-evidence ineffective-assistance ineffective-assistance-of-counsel trial-counsel use-of-force witness-testimony 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his trial …
21-5807 Christian Estrada Comacho v. Nebraska Nebraska 2021-09-29 Denied Response WaivedIFP confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony 1. Did the district court err when it allowed testimony via two-way interactive video on foundational or "factual scenario" grounds over confrontati…
21-5803 Joseph Wayne Attaway, II v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP anti-gang due-process fair-trial inflammatory-inference law-enforcement prejudice street-gangs witness-testimony Whether Petitioner was denied his due process right to a fair trial when the background testimony of multiple law enforcement witnesses about their an…
21-5751 Charles Elmer Kovary v. Willis Chapman, Warden Sixth Circuit 2021-09-22 Denied Response WaivedIFP alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony 1) Was Appellate Counsel ineffective for failing to raise trial counsels ineffectiveness for failing to fully investigate Alibi witness, and help Alib…
21-5756 Gettus Leroy Mintz v. Arizona Arizona 2021-09-22 Denied IFP civil-rights confrontation-clause criminal-procedure dna-testing due-process equal-protection false-testimony forensic-evidence grand-jury sixth-amendment witness-testimony Question not identified.
21-5648 O. B. Davis, Jr. v. Johnny Sumlin, Warden Fifth Circuit 2021-09-10 Denied IFP constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel nolo-contendere prosecutorial-misconduct supreme-court-review witness-testimony Whether the Court's adjudication of this case ensue from a decision that was to, or involve an unreasonable application of, clearly established law as…
21-5553 F. Daly v. Maine Maine 2021-09-03 Denied Response WaivedIFP beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony The testimony of a single witness is sufficient to prove any fact and would justify a verdict in accordance with such testimony even if a number of wi…
21-5570 Richard Boyle v. United States Third Circuit 2021-09-02 Denied Response WaivedIFP circuit-court due-process evidence-admission federal-rules-of-evidence prior-convictions stare-decisis undue-prejudice witness-testimony Whether the federal courts are free to withdraw the protection from undue prejudice which emanates from the required four-step process as set forth in…
21-5370 Martha Aguirre v. United States Second Circuit 2021-08-16 Denied Response WaivedIFP due-process government-misconduct grand-jury material-misrepresentation material-testimony narcotics-conspiracy perjury prosecutorial-misconduct witness-testimony Whether the Due Process Clause is violated when the only witness for the Government linking the appellant to a narcotics conspiracy commits perjury in…
21-5366 Abram K. Sollman v. Nebraska Nebraska 2021-08-13 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure double-jeopardy due-process eighth-amendment fifth-amendment fourteenth-amendment hearsay-evidence witness-testimony I. WHETHER OR NOT THE NEBRASKA COURTS RELIANCE ON A WITNESS STATEMENTS (Sean Nowling) INDUCED THE STATE'S (Respondent) CASE-IN-CHIEF VIA ERRONEOUS OR …
21-5308 Calvin B. Lynch v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. Third Circuit 2021-08-05 Denied IFP civil-rights constitutional-rights criminal-procedure double-jeopardy due-process federal-law statutory-interpretation witness-intimidation witness-testimony 1. Is PETITIDNER ENTITLED TO THE BENEFIT OF THE PENNSYLVANIA SUPREM COURTS CLARIFYING INTERPRETATION OF THE WITNESS INTIMIDATION STATUTE, PA.C.S.A.S49…
21-5273 Jerry L. Wheeler v. Randall Hepp, Warden Seventh Circuit 2021-08-02 Denied IFP civil-rights constitutional-rights criminal-procedure defense-strategy due-process fair-trial prosecutorial-misconduct right-to-counsel right-to-notice trial-counsel witness-testimony 1. Whether titled CFf^iwc, t9<JJiS^wc6 OF Counsel*, UjKefJ Trial CauffSgL. FaU<uH To Qh<tripi£jT t Call H) Testify fTk& 2-3 gyz* uj )+cJ£6<} bJKo Sl*f…
21-5255 Nathaniel B. Appleby-El v. Maryland Maryland 2021-07-30 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure cross-examination due-process evidence evidence-admission right-to-counsel witness-testimony 1. Whether such extensive reliance on transcripts, denied Mr. Appleby-El's federal right of confrontation, because doing so effectively prevented him …
21-114 John A. Clifford v. New York New York 2021-07-28 Denied Response Waived 2nd-amendment appellate-review civil-immunity civil-procedure civil-rights due-process federal-civil-case jury-deliberation second-amendment standing witness-testimony (1) Does the 2nd Amendment apply here; (2) Does the granting of immunity in a federal civil case prohibit cross examination of a complaining witness a…
21-5063 Sammy Cano v. Illinois Illinois 2021-07-09 Denied IFP constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony 1. Whether or not the State failed to prove Sammy Cano guilty beyond a reasonable doubt where the only witness to the crime directly contradicted her …
21-20 Jack Albert Chappell v. United States Eighth Circuit 2021-07-08 Denied Response Waived brady-violation criminal-procedure due-process evidence-disclosure evidence-handling fair-trial government-witness prosecutorial-misconduct witness-testimony Under Brady v. Maryland, 373 U.S. 83 (1963), does prosecutorial misconduct and mishandling of evidence constitute a Brady violation when the Governmen…
21-5035 Ronald Pyles v. LaShann Eppinger, Warden Ohio 2021-07-08 Denied IFP brady-rule brady-violation civil-rights due-process ethical-standards ineffective-assistance ineffective-assistance-of-counsel judicial-impartiality judicial-recusal recusal witness-testimony QUESTION I: Isn't it true, that, under the "recusal standard " addressed in 28 U.S.C.S. §455(a); "what matters is not the reality of bias or prejudice…
21-5004 Bo Daniel Shafer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-07-02 Denied IFP appellate-review criminal-procedure district-court due-process habeas-corpus ineffective-assistance-of-counsel trial-counsel trial-procedure voir-dire witness-testimony 1. DID THE FEDERAL DISTRICT COURT ERRONEOUSLY CONCLUDE THAT BO SHAFER'S IAC CLAIM REGARDING HIS TRIAL COUNSEL'S PERFORMANCE DURING VOIR DIRE WAS WITHO…
20-8421 Braulio Perez v. United States Eleventh Circuit 2021-06-25 Denied IFP 4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony 1. Whether Mr. Perez's Fourth Amendment rights were violated when his motion to suppress the firearm was denied? 2. Whether Mr. Perez's Fifth Amendme…
20-8209 Dennis J. Edwards v. Kim Larson, Warden Seventh Circuit 2021-06-03 Denied Response WaivedIFP constitutional-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel ineffective-counsel prosecutorial-misconduct trial-procedure witness-testimony Question not identified.
20-1663 Matthew D. Norwood v. United States Armed Forces 2021-05-28 Denied Response Waived criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e…
20-8046 Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2021-05-17 Denied Response WaivedIFP codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony 1. Does a curative instruction remedy a Confrontation Clause violation where the evidence used to convict is scant and the codefendant's alleged confe…
20-8028 Ryan Jason Brannon v. Texas Texas 2021-05-14 Denied IFP accuser available-to-testify confrontation-clause criminal-defendant cross-examination due-process right-to-confront sixth-amendment witness-testimony Whether the plain language of the Sixth Amendment's Confrontation Clause gives a defendant the literal right to confront and cross-examine their accus…
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.
20-1481 Adrian Parbhudial v. Jamie LaManna, Superintendent, Green Haven Correctional Facility Second Circuit 2021-04-22 Denied Response Waived criminal-defense due-process habeas-corpus home-invasion ineffective-assistance ineffective-assistance-of-counsel mistake police-officers Strickland strickland-standard witness-testimony witnesses 1. Was it an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984) and its progeny for the state courts, and the habeas courts bel…
20-7687 Ronald James Hamilton, Jr. v. Texas Texas 2021-04-07 Denied IFP capital-murder cruel-and-unusual-punishment due-process eighth-amendment exculpatory-evidence fingerprint-evidence prosecutorial-misconduct punishment-trial witness-testimony I. Did the trial prosecutors deny Mr. Hamilton Due Process by failing to disclose exculpatory fingerprint comparison results relevant to an extraneous…
20-7649 Robert Earl Jackson v. Florida Florida 2021-04-02 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-challenge due-process frequency-of-orgasms ineffective-assistance-of-counsel rape-victim-testimony sexual-battery uncorroborated-statement witness-testimony 1. WHETHER TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO DEFECT TO TNE TESTIMONY OF TNE STATE'S WITNESS WHEN SHE TEST/f/ED TO TNE FREquENCY ORGASMS OCC…
20-7644 Skip Hansen v. Kentucky Kentucky 2021-04-01 Denied Response WaivedIFP confrontation-clause constitutional-rights criminal-procedure due-process evidence-exclusion fourteenth-amendment right-to-defense right-to-present-defense sixth-amendment witness-testimony Did the Kentucky Court of Appeals allow Mr. Hansen 's right to present a full and complete defense, which is protected by the Sixth and Fourteenth Ame…
20-7600 Antonio Navarro v. California California 2021-03-30 Denied IFP confrontation-clause criminal-procedure due-process evidence fourteenth-amendment sixth-amendment translation-evidence witness-testimony Question not identified.
20-7515 Samuel Woody v. New Jersey New Jersey 2021-03-22 Denied Relisted (2)IFP conflict-of-interest criminal-procedure due-process false-allegations ineffective-assistance vindictive-behavior witness-testimony While the PCR court did not address the conflict of interest issue in it's decision, is counsel deemed ineffective for failing to investigate and call…
20-7422 Antuan V. Little v. Dan Cromwell Seventh Circuit 2021-03-11 Denied Response WaivedIFP 5th-amendment civil-rights constitutional-rights criminal-procedure due-process evidence evidentiary-standards legal-reliability witness-testimony Why Lrmé's TREM Counsel INEFFECmyg DN UES Frhuwee To Ch Marctner UC. Fol US TEsTOMOoNy ON THE "PRmR LUnrlomeul HUEGATIOS CE GEvErAL ASSMulT. pois LtiT…
20-7325 Eric Todd v. United States Sixth Circuit 2021-03-05 Denied Response WaivedIFP criminal-procedure cross-examination disclosure due-process exculpatory-evidence fair-trial fifth-amendment government-misconduct witness-testimony Did the timing and method of the Government's disclosure violate Todd's Fifth Amendment to right to a fair trial, by preventing Todd from finding and …
20-7337 Kevin Thurlow v. Michelle Edmark, Warden First Circuit 2021-03-05 Denied IFP conflict-of-interest constitutional-violation counsel-representation ineffective-assistance procedural-default sixth-amendment sixth-amendment-conflict-free-clause strickland-standard witness-testimony Initially the Petitioner asserted two constitutional violation claims of his The first being that his counsel was ineffective for failing Sixth Amendm…
20-7343 Justin David Williams v. Utah Utah 2021-03-05 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence hearsay sixth-amendment standard-of-review witness-testimony Why was I denied the right to cross-examine my accused attacker, thereby violating my Sixth Amendment right "the accused shall enjoy the right to be c…
20-1132 DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee Tennessee 2021-02-19 Denied confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme…
20-7169 Lawrence Nunley v. Richard Brown Seventh Circuit 2021-02-19 Denied Response WaivedIFP child-witness criminal-trial evidence-admission ineffective-assistance ineffective-assistance-of-counsel judicial-error prosecutor structural-error testimony trial-counsel witness-testimony During the criminal trial, the prosecutor orchestrated a stunt to have a child witness write down the most critical portion of her testimony while on …
20-7177 Sandra Doyle v. United States Fifth Circuit 2021-02-19 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony 1. Is it a denial of due process to sentence petitioner to additional imprisonment based on a finding that she lied or minimized in her safety-valve i…
20-7059 Glen Thomas Dotson v. Dewayne Hendrix, Warden Eighth Circuit 2021-02-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fair-trial fifth-amendment grand-jury prosecutorial-misconduct right-against-self-incrimination witness-testimony Was the petitioner deprived of a fair trial when the only Government witness to incriminate him lied to the jury that the defendant appeared before th…
20-6989 Rodney Louis Sims v. Kimberly A. Seibel, Warden Ninth Circuit 2021-01-29 Denied Response WaivedIFP cell-phone-data criminal-appeal due-process evidence-admissibility fourth-amendment fourth-amendment-jurisprudence ninth-circuit privacy prosecutorial-conduct reasonable-expectation-of-privacy search-and-seizure witness-testimony .IN APPENDIX H.PETITONER NOTICE OF APPEAL DID PETITIONE SHOW "SUFFICIENT EVIDENCE AND FACTS" OF AL THREE WITNESS'S WHO"SWEAREC UNDER OATH TO TELI THE …
20-6984 Ralph Frank Esposito, Jr. v. Arizona Arizona 2021-01-28 Denied Response WaivedIFP 5th-amendment brady-violation constitutional-rights criminal-procedure discovery-violation due-process evidence-suppression structural-error witness-testimony Question not identified.
20-6896 Phillip A. Benjamin v. Florida Florida 2021-01-15 Denied Response WaivedIFP criminal-procedure due-process equal-protection fair-trial fourteenth-amendment jury-selection sixth-amendment witness-testimony 1. Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defenda…
20-6843 Cedryck Davis v. Illinois Illinois 2021-01-12 Denied Response WaivedIFP attempted-murder criminal-intent criminal-procedure due-process fair-trial identity identity-evidence other-crimes-evidence reasonable-doubt witness-testimony Whether Cedryck Davis's convictions for the attempt murder of Naja and Shawn Harringon should be reversed because the prosecution failed to sustain it…
20-6835 Otha S. Hamilton v. Dennis Reagle, Warden Seventh Circuit 2021-01-11 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-conviction expert-witness ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence medical-evidence physical-impossibility priapism-surgery witness-testimony 1. Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when trial counsel failed to investiga…
20-6761 Wayne Wells, Jr. v. Terrie Wallace, Warden Fourth Circuit 2021-01-04 Denied Response WaivedIFP age-of-consent civil-rights constitutional-rights criminal-law criminal-procedure due-process evidence-rules sentencing statutory-interpretation trial-procedure witness-testimony Does Module Code Ann. § 16-3-1055 (B)(c) has a constitutional requirement that a trial court must rule on the defendant's motion to suppress evidence …
20-833 William Todd Coontz v. United States Fourth Circuit 2020-12-21 Denied Response Waived criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony Was it reversable error for the trial court to exclude the Petitioner's/ Coontz's key witness – the CPA expert – from testifying in a criminal tax pro…
20-6615 Cornell McHenry v. Texas, et al. Fifth Circuit 2020-12-11 Denied IFP conflict-of-interest constitutional-law criminal-procedure due-process evidence habeas-corpus ineffective-assistance judicial-discretion prosecutorial-misconduct standard-of-review witness-testimony Did the Fifth Circuit err in deferring to the State trial Counsel's conflict of Interest and failure to Call a witness who would have impeached the st…
20-6597 John Aguilar v. Willis Chapman, Warden Sixth Circuit 2020-12-10 Denied Response WaivedIFP change-of-venue constitutional-rights due-process effective-assistance-of-counsel fair-trial guilt ineffective-assistance-of-counsel prior-bad-acts prosecutorial-misconduct witness-testimony I. Is a Defendant denied the constitutional right to effective assistance of counsel and ultimately a fundamentally fair trial as guaranteed by the Un…
20-6453 Marcos Alejandro Gonzalez Flores v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process fourth-amendment search-and-seizure suppression-hearing suppression-motion witness-testimony The lower courts are in conflict about whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other aut…
20-6397 Douglas Cornejo v. Christian Pfeiffer, Warden Ninth Circuit 2020-11-20 Denied Response WaivedIFP brady-disclosure brady-evidence confrontation-clause criminal-procedure cross-examination due-process preliminary-hearing prosecutorial-misconduct right-to-present-defense witness-testimony 1. Should a COA Have Been Granted to Decide If the Prosecutor's Failure to Disclose Brady Evidence Deprived Cornejo of His Right to Confront and Cross…
20-6390 Rigoberto Cabrera v. United States Eleventh Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony 1. Whether Cabrera made a sufficient showing that he received ineffective assistance of counsel as a result of his counsel's failure to challenge the …
20-6315 Darris Altony Newsome v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2020-11-13 Denied IFP criminal-charges criminal-procedure double-jeopardy due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause sixth-amendment victim-testimony witness-testimony 1. Did the Courts erred in the opinion that petitioners DELEON WAS dismissed Muary unauthorized And successive, And denied relief oof ACEGABAL qpeuids…
20-652 George Georgiou v. United States Third Circuit 2020-11-12 Denied Response Waived 28-usc-2255 brady-v-maryland brady-violation certificate-of-appealability counsel-waiver due-process napue-v-illinois prosecutorial-misconduct rule-8c witness-testimony Whether the order of the court of appeals denying a certificate of appealability should be reversed and remanded, because it is manifestly incorrect t…
20-6061 Whittier Buchanan v. California California 2020-10-16 Denied Response WaivedIFP assistant-counsel constitutional-rights criminal-procedure due-process judicial-review legal-appeal right-to-counsel self-representation standby-counsel trial-transcripts witness-testimony I wish foR thE couat to decide clearly Whether My Soblic Defordon is lloived to assist the D.A. aftor the judge Relioved hen from her doties of sPRese…
20-5986 Romeo Wilson v. Debra Sue Gabites, et al. Michigan 2020-10-09 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights court-procedure due-process ineffective-counsel legal-representation standing witness-testimony DO I HAVE ANY RIGHTS/THE LIGHT WAS BLINKING! DO I HAVE ANY RIGHT/I HAD TWO LAWYER, MR.JESSIE A.NASH (7946 5) ANfe^iJARED 1,3HOUEY ( 75877) WAS MIR TO…
20-5913 Bradley M. Cox v. United States Seventh Circuit 2020-10-05 Denied Response WaivedIFP bail-reform-act constitutional-interpretation constitutional-rights criminal-procedure due-process evidentiary-standards factors-for-detention presumption-of-innocence pretrial-detention release-conditions witness-testimony 1. When the rebuttable presumption of detention exists how much or what quality of evidence is sufficient to rebut it? 2. Is the presumption of innoc…
20-5920 Richard Cortez v. Iowa Iowa 2020-10-05 Denied IFP confrontation-clause criminal-procedure disclosure due-process sixth-amendment witness-testimony Whether a defendant's due process rights are violated when the State's eyewitness primary to the offense testifies under a false name a disclosure to …
20-5896 In Re Douglas Weissert 2020-10-02 Denied IFP confrontation-clause constitutional-rights cross-examination evidence-admissibility mental-health prescription-medication sixth-amendment trial-procedure witness-testimony WHETHER STATE TRIAL COURT VIOLATED SIXTH AMENDMENT RIGHTS WHEN IT FORBADE CROSS EXAMINING ANGLE LEWIS ON MENTAL HEALTH HISTORY AND USE OF PRESCRIPTION…
20-5879 Michael Matthew Phillips v. United States Fourth Circuit 2020-10-01 Denied Response WaivedIFP 4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony 1. Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the …
20-5784 Cedric Jeffries v. Ohio Ohio 2020-09-24 Denied IFP complaining-witness confrontation confrontation-clause constitutional-rights due-process evidence prior-sexual-assault rape-shield-law sexual-assault witness-testimony I. Does a State rape-shield law violate the Constitutional rights to confrontation and due process when it excludes evidence that a complaining witnes…
20-5439 Jesse Santibanez v. United States Fifth Circuit 2020-08-21 Denied Response WaivedIFP ABUSE-OF-DISCRETION CONFRONTATION-CLAUSE confrontation-right CRIMINAL-PROCEDURE CROSS-EXAMINATION district-court-discretion SIXTH-AMENDMENT WITNESS-CREDIBILITY witness-testimony Question not identified.
20-5369 Don Farmer v. Bernard Booker, Warden Fourth Circuit 2020-08-17 Denied Response WaivedIFP confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony 1.) Whether the evidence supplied through verbal testimony of a witness is considered testimonial (where statements must be functionally identical to …
20-5345 Clarence Taylor v. United States Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-law confrontation confrontation-right due-process government-burden hearsay revocation-proceeding testimonial-evidence witness-hearsay witness-testimony Whether due process requires the government to make an affirmative showing that a witness is afraid to testify before relying on testimonial hearsay a…
20-5162 Joseph Shane Terry v. United States Eleventh Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony Is an attorney ineffective and engaging in a conflict of interest by making negative statements about his client to the court, informing the court tha…
20-5127 Thomas Eric Espinoza v. Colorado, et al. Tenth Circuit 2020-07-21 Denied Response WaivedIFP actual-innocence confrontation-clause constitutional-error due-process expert-examination fair-trial habeas-corpus lab-evidence right-to-present-defense scientific-evidence witness-testimony Question not identified.
20-5038 Reza Olangian v. United States Second Circuit 2020-07-20 Denied Response WaivedIFP credibility due-process fair-trial government-informant government-witness trial-procedure truthfulness witness-availability witness-credibility witness-testimony 1. Is a defendant deprived of a fair trial when government witnesses are invited to comment on his credibility and candor, and when he in turn is aske…
19-1473 Phillip Hartsfield v. Stepanie Dorethy, Warden Seventh Circuit 2020-07-08 Denied Response Waived appellate-certification contemporaneous-assertion contemporaneous-objection federal-habeas-corpus ineffective-assistance-of-counsel prejudice-standard right-to-testify state-court-requirement strickland-standard strickland-v-washington witness-testimony 1. Whether th e lower court err ed by holding that th e preju dice standard applying to ineffective assi stance of counsel claims under Strickland v. …
19-8643 Wallace Eugene Evatt, Jr. v. Michael Stephan, Warden Fourth Circuit 2020-06-09 Denied Response WaivedIFP brady-violation civil-rights criminal-procedure due-process evidence exculpatory-evidence judicial-misconduct prosecutorial-misconduct witness-testimony 1. Why was the Judge, Jury, and myself not told of Karen Rojas svicidal tendencies and many failed suicide attempts? 2. Is it not a Brady violation t…
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 …
19-8360 Juan C. Parra-Interian v. Mike Obenland Ninth Circuit 2020-04-26 Denied Response WaivedIFP civil-procedure constitutional-error criminal-procedure due-process evidence exculpatory-evidence harmless-error joinder-of-charges probable-cause standing witness witness-testimony Is it lawful to have a witness testify in a case where they have NO Direct knowledge of the facts? Can a State Court Joinder of Dissimilar charges, w…
19-8267 Jon Cascella v. United States First Circuit 2020-04-15 Denied Response WaivedIFP brady-violation confidential-informant constitutional-error due-process fifth-amendment independent-inquiry testimony uniform-practice witness-testimony 1. Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inq…
19-1214 Marty Friend v. Indiana Indiana 2020-04-14 Denied Amici (1) criminal-defendants criminal-procedure discovery due-process evidence medical-records privilege privileged-records psychotherapist-patient psychotherapist-privilege sixth-amendment witness-testimony Whether, and under what circumstances, criminal defendants' Sixth Amendment and Due Process rights entitle them to obtain witnesses' privileged treatm…
19-8212 Santiago Soto-Garcia v. United States Eighth Circuit 2020-04-08 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause search-and-seizure traffic-stop witness-testimony I. Did the 8th cir. court of appeals error when they concluded that the ^ in plain view and registeredmere presents or possession of guns/weapons that…
19-8200 Don Farley v. Carl Parson Tenth Circuit 2020-04-07 Denied IFP civil-procedure civil-rights due-process evidence evidence-exclusion first-amendment fourteenth-amendment free-speech witness-testimony 1. Was Farley denied his First Amendment Right of Free Speech and Fourteenth Amendment of due process? 2. Did the U.S. District Court fail to exercis…
19-8046 Michael Anthony Cervantes v. W. L. Montgomery, Warden Ninth Circuit 2020-03-19 Denied Response WaivedIFP 28-usc-2254 constitutional-rights due-process evidentiary-hearing habeas-corpus habeas-relief ineffective-assistance-of-counsel prosecutorial-misconduct standing statutory-interpretation witness-testimony WAS PETITIONERS CONVICTION SUSTAINED IN VIOLATION OF DUE PROCESS WARRANTING HABEAS RELIEF WHERE THE DISTRICT THE INJUSTICE THAT RESOULTS FRON THE CON…
19-7932 Enrique Auch v. Massachusetts Massachusetts 2020-03-10 Denied IFP confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a…
19-7827 Terry O'Nell Hall v. Texas Texas 2020-03-02 Denied IFP co-defendant confrontation-clause criminal-trial cruel-and-unusual-punishment due-process evidentiary-inconsistency fundamental-fairness inconsistent-testimony right-to-fair-trial sentencing-disparity victim-testimony witness-testimony DID THE COURT OF APPEALS ERR IN DECIDE PETITIONER'S RIGHT TD DUE P WAS NOT VIOLATED, WHERE THE VICTIM TESTIFIED ONE WAY DURING HIS TRIAL AND THEN TEST…
19-7813 Michael C. Jamerson v. Jason Lewis, Warden Missouri 2020-02-28 Denied Response WaivedIFP brady-v-maryland brady-violation due-process evidentiary-hearing exculpatory-evidence giglio-vs-united-states habeas-corpus napue-standard napue-vs-illinois perjured-testimony prosecutorial-misconduct witness-testimony I. Did the Missouri courts err in failing to find that the State's failure to disclose exculpatory evidence violated its obligation under Brady v. Mar…
19-7765 William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility Second Circuit 2020-02-25 Denied Response WaivedIFP 2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial? The qu…
19-7643 In Re Stephen Daniel Leonard 2020-02-12 Denied IFP 6th-amendment administrative-hearing administrative-procedure article-iv compulsory-process constitutional-rights disciplinary-proceeding disciplinary-proceedings due-process equal-protection judicial-proceedings liberty liberty-interest privileges-and-immunities witness-testimony 1.) Did the State of Florida violate Petitioner's protected rights to Judicial Proceedings under Article IV. Section 1, and Amendment 6; of the United…
19-7513 Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections Virginia 2020-02-03 Denied IFP 6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony Did the Virginia Supreme Court err in deciding that counsel's failure to file a motion for a Bill of Particulars so that Petitioner could clearly unde…
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
19-7414 Latray Whitley v. Texas Texas 2020-01-24 Denied IFP brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony Whether the state district court's determination that 1. written, 5K1 and Rule 35-based cooperation addenda between two federal inmates who testified …
19-7367 Adalberto Magana-Gonzalez v. United States Ninth Circuit 2020-01-22 Denied Response WaivedIFP border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a…
19-7274 Gregory Bartko v. United States Fourth Circuit 2020-01-14 Denied Response WaivedIFP actual-innocence brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus impeachment-evidence perjured-testimony prosecutorial-misconduct wearry-v-cain witness-testimony I. Did the lower courts err in failing to properly review and conclude that the prosecution's withholding of exculpatory and impeachment evidence favo…
19-7246 Keith Harris v. United States Third Circuit 2020-01-10 Denied Response WaivedIFP confrontation-clause crawford-rule crawford-v-washington cross-examination hearsay informants law-enforcement-testimony lay-opinion-testimony right-to-counsel sixth-amendment witness-testimony whether the admission of law enforcement testimony that goes to whether a defendant was a participant in a conspiracy based on information provided by…
19-7138 Michael Blankenship v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony 1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab…
19-7124 Derwin Lee Butler v. California California 2019-12-31 Denied IFP constitutional-rights criminal-procedure due-process jury-instruction jury-instructions post-trial-hearing right-to-call-witnesses stipulation trial-court-error trial-error trial-procedure witness-testimony 1. Does' a criminal defendant become deprived of his constitutional rights when the trial court fails to read an agreed upon stipulation and instructi…
19-7097 Juan Sanchez v. California California 2019-12-30 Denied IFP confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause by …
19-7098 Antonio Shaw v. United States Eighth Circuit 2019-12-30 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure defense-counsel due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel objective-standard sixth-amendment standard-of-review witness-testimony (1) Whether defense Counsel's performance in failing to inform client of important witness against him fell below an objectively reasonable Standard o…
19-7050 In Re Charlene Rosa 2019-12-23 Denied IFP appeal civil-rights constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance-of-counsel judicial-review sanctions statutory-interpretation witness-testimony Wter the Foh ct con pel bue i 1. discretion in sanction the petitioner Whether the Founth OcH Erceed it Authonty in sancion The petitioner. A Disco…
19-6837 Anzara Brown v. Dana Metzger, Warden, et al. Third Circuit 2019-12-04 Denied Response WaivedIFP brady-v-maryland chain-of-custody civil-rights confidential-informant constitutional-rights criminal-procedure due-process evidence-disclosure exculpatory-evidence forensic-evidence medical-examiners witness-testimony I. WHETHER THE STATE OF DELAWARE CAN WITHOLD EXCUIPATORY EVIDENCE RELATING TO THE STATES OFFICE OF MEDICAL EXATMINERS OFFICIALS i STEALING DRUG EVIDEN…
19-6847 Lawrence Keith Johnson v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-12-04 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights discovery-rights due-process due-process,civil-rights,standing,civil-procedure, equal-protection ineffective-assistance-of-counsel judicial-review standing witness-testimony Does any court that does not follow the well established law violate an individuals Constitutional rights, by simply denying without stating the reaso…
19-6814 Issac Efren Jimenez v. California California 2019-12-03 Denied IFP attorney-client-privilege attorney-ethics attorney-representation conflict-of-interest criminal-law criminal-procedure ethics former-client legal-ethics leniency prosecutorial-discretion witness-testimony Whether an attorney in a criminal case may subsequently represent a client who seeks leniency in exchange for testimony in a pending case against that…
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony I. WAS MR. HENRY 'S TRIAL COUNSEL, PATRICK NYENHUS, FAILED TO PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE OF COUNSEL? A). Counsel was ineffective w…
19-6584 Steven Williams v. United States Second Circuit 2019-11-12 Denied Response WaivedIFP cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses by introducing the 'truth-telling' aspec…
19-6381 Anthony Tyrone Brown v. Michigan Michigan 2019-10-24 Denied Response WaivedRelisted (2)IFP abuse-of-discretion compulsory-process confrontation-clause constitutional-rights due-process effective-assistance-of-counsel evidence evidence-suppression fair-trial ineffective-assistance-of-counsel prosecutorial-misconduct sexual-activity-evidence witness-testimony I. DID THE TRIAL JUDGE VIOLATE THE PETTIONER'S DUE PROCESS RIGHTS TO A FAIR TRIAL AND IMPARTIAL JUDCE. TO NSURE DUE PROCESS, AND FOR THE JUDGE TO AVOI…
19-6323 Michael Taffaro v. New Jersey New Jersey 2019-10-21 Denied Response WaivedIFP due-process evidence evidence-exclusion ineffective-assistance interests-of-justice judicial-review perjury perjury-claim post-conviction-relief procedural-default procedural-rules standing testimony witness-testimony 1. WHETHER A DECISION AFFIRMING EXCLUSION OF EVIDENCE , IN THIS CASE A TRANSCRIPT, CAN BE CORRECT IF UNINFORMED AS TO THE TRANSCRIPT'S ACTUAL CONTEN…
19-6303 Jeffrey Jason Cooper v. United States Eleventh Circuit 2019-10-18 Denied Response WaivedIFP confrontation-clause due-process evidence fifth-amendment hearsay sixth-amendment witness-testimony Whether the lower Courts erred in allowing multiple hearsay statements of five alleged witnesses and other non-testifying witnesses whom did not testi…
19-6171 Jorge Sanchez-Rodriguez v. Louisiana Louisiana 2019-10-04 Denied IFP appeal appellate-review child-interview criminal-procedure due-process evidence insufficient-evidence judicial-error standard-of-review sufficiency-of-evidence trial-court-error witness-testimony 1. DID THE STATE APPELLATE COURT AND THE LOUISIANA SUPREME COURT ERR IN DENYING PETITIONER 'S APPEAL BECAUSE THE EVIDENCE PRESENTED AT TRIAL WAS INSUF…
19-6103 Farid John Popal v. New York New York 2019-10-01 Denied IFP constitutional-rights criminal-procedure due-process evidence government-misconduct jurisdiction law-enforcement skype-testimony witness witness-coaching witness-testimony WHETHER LAW ENFORCEMENT'S COACHING THE WITNESS'AS HOW TO ANSWER QUESTIONS, WHILE GOVERNMENT WITNESS WAS TESTIFYING AGAINST THE PETITIONER FROM FLORI…
19-6111 Hafiz Muhammad Sher Ali Khan v. United States Eleventh Circuit 2019-10-01 Dismissed Response WaivedIFP constitutional-rights district-court-orders due-process exculpatory-evidence extraterritorial-testimony ineffective-assistance ineffective-assistance-of-counsel material-witnesses out-of-country-witnesses strickland-standard strickland-v-washington witness-testimony 1. Does the failure of defense trial counsel to follow specific orders from the District Court, as to how to preserve testimony of material witnesses …
19-410 In Re Richard J. Fields 2019-09-26 Denied Relisted (2) civil-procedure civil-rights due-process estate-distribution fraud judicial-discretion legal-ethics mental-health probate probate-procedure standing testamentary-capacity will-forgery wills witness-testimony This case relates to a 9 million dollar estate of a 96 year old blind man and his family which had three mental patients. Within one hour Judge Rita M…
19-411 Rodney Reed v. Texas Texas 2019-09-26 Denied Amici (2)Relisted (8) brady-materiality brady-v-maryland confrontation-clause due-process exculpatory-evidence fifth-amendment materiality self-incrimination suppressed-evidence witness-testimony When assessing under the Brady materiality standard whether "disclosure of the suppressed evidence to competent counsel would have made a different re…
19-6053 Diosme Fernandez Hano v. United States Eleventh Circuit 2019-09-25 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony 1. Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297. 2. Whether the…
19-6000 Kevin Kelley v. Illinois Illinois 2019-09-20 Denied IFP compulsory-process constitutional-rights criminal-procedure due-process evidence evidence-rules propensity-evidence sixth-amendment trial-court-error witness-testimony Whether the state trial court erred in admitting the testimony of two witnesses for the purpose of showing the defendant's propensity to commit the ch…
19-5800 Darren Denson v. Illinois Illinois 2019-09-04 Denied IFP access-to-courts appellate-review civil-rights constitutional-claims cruel-and-unusual-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-misconduct judicial-procedure post-conviction-relief prosecutorial-misconduct witness-testimony Miscondvet when they deried Denson of his dve process rights by witthholding evidence before the econd trial that justifies post-conviction velief In …
19-5642 John Emmett Brown, Jr., and Derrick Louis Carter v. United States Ninth Circuit 2019-08-20 Denied Response WaivedIFP brady-materiality brady-v-maryland criminal-procedure due-process duress-defense exculpatory-evidence government-disclosure materiality prosecutorial-misconduct witness-testimony In the context of a duress defense, is the government's untimely disclosure of exculpatory evidence that (1) corroborates the defendants' wellgrounded…
19-5620 Damien Hyde v. Illinois Illinois 2019-08-16 Denied IFP 5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony 1. Does the admission of Coerced Statements by Non-defendant Witnesses deprive a defendant of Due Process of law, when they are used during trial as s…
19-5336 John S. Benchick v. United States Sixth Circuit 2019-07-25 Denied Response WaivedIFP court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony 1. Does the Defendant have a right to a true and correct record of his trial, that the Court Reporter failed to properly transcribe witness testimony,…
19-5178 Howard Lester v. Ohio Ohio 2019-07-15 Denied Response WaivedIFP confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony I. Whether the admission of a report authored by a non-testifying firearms examiner, and expert testimony from a substitute analyst concerning the fin…
19-75 James Joseph Garner v. Colorado Colorado 2019-07-15 Denied Amici (2) criminal-defendant criminal-procedure due-process eyewitness-identification police-misconduct standing suggestive-identification suggestive-setting trial-procedure witness-testimony Whether the Due Process Clause imposes any check on an eyewitness's identification of a criminal defendant in the typically suggestive setting of tria…
19-5062 Henry Lee Jones v. Tennessee Tennessee 2019-07-03 Denied IFP capital-punishment confrontation-clause due-process eighth-amendment fourteenth-amendment Hearsay sixth-amendment witness-testimony In this capital case, the Tennessee courts permitted the State to introduce a transcript of prior testimony of its "primary witness" rather than prese…
18-1582 Bryan A. Krumm, CNP v. Drug Enforcement Administration District of Columbia 2019-06-26 Denied Response Waived administrative-law cannabis-scheduling controlled-substances controlled-substances-act dea federalism mandamus-relief medical-marijuana medical-use scheduling witness-testimony 1. Can the Attorney General and DEA continue Schedule 1 placement of Cannabis now that it has "accepted medical use" in 33 States, the District of Col…
18-9627 Jeffrey Dean Tucker v. United States Fourth Circuit 2019-06-11 Denied Response WaivedIFP civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility jurisdiction standing witness-testimony 1. As it due Process to Convict on Mort Carolyna State Citizen Subuect to General Law intent to Submet a Mort Proceds Usnd Sucrician i belied o (Aumoe…
18-1522 Doe v. United States Ninth Circuit 2019-06-10 Denied Relisted (2) adverse-spousal-testimony adverse-testimony compelled-testimony criminal-investigation document-authentication document-compulsion document-production fifth-amendment grand-jury spousal-privilege witness-testimony Whether a grand jury witness may invoke the privilege against adverse spousal testimony where the target of the grand jury investigation is the witnes…
18-9527 Thomas Branagan v. Isidro Baca, Warden, et al. Ninth Circuit 2019-06-03 Denied Response WaivedIFP child-victim civil-rights criminal-procedure due-process evidence evidentiary-issues ineffective-assistance-of-counsel prosecutorial-misconduct sexual-assault standing testimony-inconsistency witness-credibility witness-testimony Question not identified.
18-9414 Donald Stewart Royce v. Florida Florida 2019-05-24 Denied Response WaivedIFP 14th-amendment 6th-amendment confrontation-clause criminal-procedure cross-examination due-process evidence impeachment law-enforcement witness witness-testimony During the Petitioner's trial one of the two victims was to be questioned by the defense about prior inconsistent statements to law enforcement for im…
18-9298 Anthony Barry and Brian Cahill v. Massachusetts Massachusetts 2019-05-16 Denied Response WaivedIFP brady-violation confrontation-clause criminal-procedure due-process exculpatory-evidence exculpatory-information fundamental-fairness jury-trial post-conviction-evidence witness-testimony 1. This Court has never finally resolved the question of whether intentional pre-trial withholding of exculpatory information violates the Confrontati…
18-1424 Michael N. Thomas v. Raymond Anderson, et al. Seventh Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (2) circuit-split government-inconvenience habeas-corpus importance-of-testimony inconvenience-to-government inmate-testimony judicial-discretion nonparty-inmate nonparty-witness seventh-circuit trial-procedure trial-testimony witness-testimony writ-of-habeas-corpus Whether the Seventh Circuit correctly held, in an acknowledged conflict with the Third Circuit, that a district court may deny a request for the issua…
18-9261 Calmer Cottier v. United States Eighth Circuit 2019-05-15 Denied Response RequestedResponse WaivedRelisted (7)IFP constitutional-rights cooperating-witness due-process fair-trial impartial-jury jury-deliberation prosecutor-stipulation prosecutorial-misconduct stipulation truthfulness witness-credibility witness-testimony When the only evidence offered to support a murder conviction is the testimony of the government's cooperating witnesses, does it violate the Constitu…
18-9268 Manuel Antonio Mejia Rivera v. Donna Kay McKinney, et al. Fifth Circuit 2019-05-15 Denied IFP confrontation-clause constitutional-rights due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel self-defense sixth-amendment void-conviction witness-testimony PETITIONER Mr. RIVERA ALLEGED THAT HIS TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO CALL A WITNESS OF WHOM Mr RIVERA MADE HIM AWARE. PETITIONER WAS CO…
18-9239 Dale Shoop v. Ralph Terry, Acting Warden Fourth Circuit 2019-05-13 Denied Relisted (2)IFP constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel preliminary-hearing right-to-testify sixth-amendment victim-testimony witness-impeachment witness-presence witness-testimony 1. Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance of Counsel violated when Counsel; (1) Failed to Admit the Victim'…
18-9070 Gabriel Urzua Sanchez v. United States Sixth Circuit 2019-05-03 Denied IFP abuse-of-discretion criminal-procedure direct-appeal district-court fifth-amendment first-step-act mandatory-minimum privilege sentencing witness-testimony I. Whether the district court abused its discretion in failing to properly determine that Mr. Sanchez's proposed witnesses Nino Tanzini and Shawn Hous…
18-9132 Earlie Dickerson v. United States Fifth Circuit 2019-05-03 Denied Response WaivedIFP criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony Question One: Whether new evidence that Government witnesses provided untruthful statements during a trial can ever satisfy the requirements for a mot…
18-8980 Raheem D. Louis v. United States Third Circuit 2019-04-24 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process evidence identification witness-testimony Question not identified.
18-8893 Mark M. Brown v. United States Sixth Circuit 2019-04-18 Denied Response WaivedIFP circuit-court-review criminal-procedure impairment mental-capacity mental-impairment probable-cause standard-of-review suppression-motion trustworthiness warrant warrant-issuance witness witness-credibility witness-testimony DOES PROBABLE CAUSE TO ISSUE A WARRANT EXTEND TO SITUATIONS WHERE A WITNESS TO ALLEGED CRIMINAL BEHAVIOR WAS SEVERLY IMPAIRED? SHOULD A CIRCUIT COURT…
18-8815 Scott Randall Reich v. Mike Slagle, Correctional Administrator, Mountain View Correctional Institution Fourth Circuit 2019-04-15 Denied IFP civil-rights constitutional-rights criminal-procedure discovery due-process evidence evidence-suppression prosecutorial-misconduct speedy-trial standing witness-testimony With The Foueth Ciecart precedANt that thece is cause of Equitasle Tolling of time Restrictions in A FedeRal HabeAs? How cAN, cRine scene photoqeaphs…
18-8734 Corey D. Phillips v. Illinois Illinois 2019-04-10 Denied IFP civil-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-counsel witness-testimony The APPELLAtE count Stated tha t : perfected i m peach me was Unlikel Counsel could hnve nA1e= Reyarbg Av The Eviken agReemend hearing, The Record was…
18-8645 David Dean Harris v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP appeal-procedure constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel presumption-of-innocence sixth-amendment supreme-court-precedent victim-identification witness-testimony WAS THE STATES USE OF THE COMPLAINING WITNESSES NAME SPECIFICALLY AS THE VICTIM A VIOLATION OF PRESUMPTION OF INNOCENCE, SUPREME COURT PRECEDENT, UNIT…
18-8587 In Re Christopher Stegawski 2019-03-27 Denied IFP 21-cfr-1306.04 21-usc-802 21-usc-841 allocution chronic-pain-treatment cross-examination due-process fair-trial ineffective-assistance-of-counsel ineffective-counsel medical-expert strickland-standard strickland-v-washington trial-fairness united-states-v-moore witness-testimony Was the trial fair when: - prosecution took 5 days of testimonies and defense none - key defense witnesses were not investigated pretrial - court deni…
18-8367 Lamar Williams v. American Auto Logistics New Jersey 2019-03-11 Denied IFP civil-procedure civil-rights constitutional-issues constitutional-review court-procedure due-process evidence evidentiary-standards expert-opinion judicial-opinion legal-standing standing witness-testimony witnesses My first question is if the decision made by the prior courts constitutional. My second question is if someone that did not witness or examine anythi…
18-8225 Barry Druilhet, Jr. v. United States Fifth Circuit 2019-03-01 Denied Response WaivedIFP 6th-amendment criminal-procedure due-process federal-sentencing judicial-discretion obstruction-of-justice sentencing sentencing-enhancement witness-testimony obstruction of justice where the defendant was seeking out witnesses to testify on his behalf?
18-8087 Joseph Michael Kurz v. Louisiana Louisiana 2019-02-25 Denied Response WaivedIFP burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony Reasonable jurists would determine that the district court erred in allowing the State to prosecute Mr. Kurz for an allegations that the time limitati…
18-8129 Charles Russell v. Texas Texas 2019-02-25 Denied IFP 2nd-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence evidence-admission reasonable-doubt social-media social-media-evidence witness-testimony Did the Trial Court relieve the state of its burden to prove guilt beyond a reasonable doubt when it allowed the state to show the jury photos found o…
18-8033 Luis Alberto Montalvo Borgos v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-02-20 Denied Response WaivedIFP criminal-procedure drug-dealer due-process eyewitness-identification identification-procedure miscarriage-of-justice plain-error Prosecutor-elicited-testimony-about-witness-fear,c Prosecutor-stated-petitioner-was-known-drug-dealer prosecutorial-misconduct witness-testimony ISSUE #1: THE IDENTIFICATION OF THE PETITIONER WAS UNREASONABLY SUGGESTIVE CAUSING PLAIN ERROR PP. 5-12 ISSUE 42: THERE WAS PLAIN ERROR WHEN THE PROS…
18-7917 Najee Sharif Wilkins v. Michigan Michigan 2019-02-12 Denied IFP confrontation-clause cross-examination eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana parole-eligibility witness-testimony Petitioner was sentenced to 45-100 years concurrent to 10-40 years for second-degree murder and perjury committed when he was under the age of 18 whic…
18-7934 Seaun Llwellyn Farthing v. Dara Watson, Warden Fourth Circuit 2019-02-12 Denied Relisted (2)IFP criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony Under Jackson v. Virginia 443 U.S. 307 (U.S.Va.1979) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va…
18-7888 Furn-Lee Salomon v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-02-11 Denied IFP constitutional-safeguards criminal-procedure cumulative-error due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel passport-fraud pre-trial-investigation prejudicial-testimony pretrial-investigation strategic-decision strickland-standard strickland-v-washington trial-counsel witness-testimony WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO CONDUCT ANY PRETRIAL INVESTIGATIONS TO AT LEAST INTERVIEW POTENTIAL WITNESSES THAT COULD HAVE SUPPORTED P…
18-7825 Trevonte Jenkins v. Ohio Ohio 2019-02-07 Denied Response RequestedRelisted (2)IFP constitutional-law constitutional-rights criminal-procedure due-process fair-trial flawed-process identification in-court-identification state-witness witness-testimony IS A PETITIONER DENIED DUE PROCESS OF LAW AND A FAIR TRIAL WHEN IDENTIFICATION WAS AT ISSUE AT TRIAL AND THERE WAS A FLAWED PROCESS RELATED TO A FIRST…
18-1022 Julius Jerome Murphy v. Texas Texas 2019-02-05 Denied brady-v-maryland brady-violation criminal-procedure death-penalty due-process eighth-amendment habeas-corpus witness-testimony I. Whether the Texas Court of Criminal Appeals misapplied established federal law when it held that the State's failure to disclose threats and promis…
18-7766 Rishawn Lamar Reeder v. Cecelia Reynolds, Warden Fourth Circuit 2019-02-05 Denied Response WaivedRelisted (2)IFP alibi-witnesses criminal-procedure due-process evidence evidence-presentation eyewitness-testimony gunshot-residue impeachment ineffective-assistance ineffective-assistance-of-counsel jury-instructions self-defense surveillance-video trial-counsel witness witness-testimony Did the court erred in finding trial counsel ineffective for failing to present the Spartanburg Regional Hospital security surveillance camera video …
18-7634 Lincoln E. Fox v. Neil Turner, Warden Sixth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review confrontation-clause criminal-procedure due-process evidence evidentiary-error fair-trial ineffective-assistance ineffective-assistance-of-counsel victim-testimony witness-testimony I) Reasonable jurists could debate whether the trial court's admission of a videotaped statement of the victim in violation of Evid.R. 803(4) denied A…
18-7305 William Hilts v. United States Second Circuit 2019-01-09 Denied Response WaivedIFP constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment to the United States Constituti…
18-7308 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-09 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony Question not identified.
18-7245 Ronnie Junior Rodriguez v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony Question not identified.
18-7271 Richard Steven Johnson, Jr. v. Neil McDowell, Warden Ninth Circuit 2019-01-07 Denied IFP confrontation-clause coy-v-iowa criminal-procedure cross-examination due-process fundamental-rights maryland-v-craig witness-testimony The sole question raised by this Petition for Certiorari is whether the Ninth Circuit Court of Appeals violated petitioner's fundamental rights by rul…
18-7179 Trevelle J. Taylor v. Nebraska Nebraska 2018-12-27 Denied IFP 4th-amendment arrest-standards civil-rights confrontation-clause criminal-procedure due-process probable-cause reasonable-suspicion search witness-testimony Whether a persons mere proximity to others independently suspected of criminal activity, withoutmore, give rise to probable cause to search that perso…
18-736 Carl Lawson, et ux. v. Bell Sports USA New Jersey 2018-12-10 Denied Response Waived civil-action civil-procedure conference court-rules due-process equal-protection fourteenth-amendment hearing state-court witness-testimony 1. Whether the Fourteenth Amendment's Due Process Clause prohibits a State court from directly violating one of its own court rules, by failing to pro…
18-6827 Eric Williams v. New York New York 2018-11-27 Denied Response WaivedIFP barber-v-page confrontation-clause criminal-procedure deportation good-faith-effort significant-public-benefit-parole sixth-amendment unavailability witness-testimony At a retrial in a criminal case, New York prosecutors were permitted to introduce prior testimony of a witness from the first trial. The witness had b…
18-6842 Matthew Davis, aka Sealed Defendant 1, aka Matt v. United States Second Circuit 2018-11-27 Denied Response WaivedIFP 3500-material brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence government-misconduct newly-discovered-evidence sentencing witness-testimony 1. Whether the Government failed to properly discharge its obligations under Brady v. Maryland, when it produced an exculpatory chart prepared by an u…
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony After Petitioner was convicted of robbery and murder, the state court decided that Defense counsel's cross-examination of two critical witnesses was i…
18-625 City of Miami, Florida v. Taiwan Smart Eleventh Circuit 2018-11-14 Dismissed burden-of-proof civil-procedure civil-rights constitutional-violations custom-or-practice due-process municipal-liability non-state-actors section-1983 witness-testimony I.Whether the isolated alleged incidents of constitutional violations in Plaintiff's § 1983 claims, which are founded on the actions of non-state acto…
18-6683 Cody Sakoman v. California California 2018-11-14 Denied Response WaivedIFP constitutional-rights due-process fair-trial fifth-amendment fourteenth-amendment judicial-procedure jury jury-deliberation readback sixth-amendment witness-testimony Whether a defendant was denied his rights to a fair trial and to due process of law under the Fifth, Sixth and Fourteenth Amendments when the trial co…
18-6691 Delilah McCurtis v. Maggie Burke, Warden Seventh Circuit 2018-11-14 Denied Response WaivedIFP criminal-procedure due-process evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-instructions prior-consistent-statements prior-inconsistent-statements witness-testimony WHERE PETITIONER WAS DENIED A FAIR TRIAL WHERE THE STATE INTRODUCED EACH OF THREE KEY STATE WITNESSES PRIOR INCONSISTENT STATEMENTS WHICH WERE UNNECES…
18-6655 Andrew John Miller v. Duncan MacLaren, Warden Sixth Circuit 2018-11-13 Denied IFP 6th-amendment confrontation-clause constitutional-rights criminal-procedure due-process evidence preliminary-examination right-to-counsel sixth-amendment witness-testimony Whether review is warranted because the Petitioner-Appellant's convictions must be reversed and this matter remanded for a new trial where the admissi…
18-6616 Maria I. Sanutti-Spencer v. Pennsylvania Pennsylvania 2018-11-08 Denied Response WaivedIFP confrontation-clause criminal-motive criminal-procedure decedent's-drug-addiction decedent's-drug-dealing decedent's-motive decedent's-physical-abuse defendant's-health-issues due-process evidence evidence-exclusion lay-opinion-testimony right-to-complete-defense right-to-present-defense trial-procedure witness-testimony Does excluding evidence of another's motive, of the decedent's drug addiction, drug dealing, his physical abuse of the defendant and the defendant's s…
18-6629 William Randolph Harloff v. Craig Koenig, Warden Ninth Circuit 2018-11-08 Denied Response WaivedIFP chapman-harmless-error confrontation-clause constitutional-rights courtroom-presence criminal-procedure due-process harmless-error prejudice right-to-be-present witness-credibility witness-testimony Whether the state court applied Chapman v. California, 386 U.S. 18 (1967) in an objectively unreasonable manner or made an unreasonable determination …
18-6634 Leandro Leonel Gonzalez v. F. Armenta, et al. Ninth Circuit 2018-11-08 Denied IFP access-to-courts civil-rights constitutional-rights correctional-officers due-process evidence first-amendment free-speech Is there a right to have-a-witness in the Due-Proc mail-communication prisoner-rights witness-testimony In an action in which petitioner was forbidding to write letters to Tamara Ecclestone, is there a right to out-going mail in the First Amendment of th…
18-6577 Ernesto Wilfredo Solano Godoy v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2018-11-07 Denied IFP confrontation-clause due-process fourth-circuit-review habeas-corpus ineffective-assistance-of-counsel phone-records strickland strickland-standard strickland-test sufficiency-of-evidence witness-testimony 1-Petitioner alleges that his trial counsel was ineffective by allowing testimony and evidence to be presented to the jury in violation of the Confron…
18-6594 Willie Safford, Jr. v. Florida Florida 2018-11-07 Denied IFP aggravated-battery civil-rights criminal-procedure due-process perjury polygraph polygraph-test post-conviction-relief witness-testimony Defendant asks this Court to review this matter about letting the Defendant return to the lower tribunal as to the statement that were made by Mr. Rod…
18-6464 Frank Ralph LaPena v. George Grigas, et al. Ninth Circuit 2018-10-26 Denied Response WaivedIFP contract-killing criminal-conviction criminal-procedure due-process habeas-corpus highly-deferential-review ineffective-assistance-of-counsel legal-insufficiency legal-sufficiency nevada-supreme-court physical-evidence rational-juror reasonable-doubt sufficiency-of-evidence witness-testimony wrongful-conviction Whether the Nevada Supreme Court's decision rejecting the legal insufficiency claim was unreasonable because, even under a highly deferential review, …
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the Defendants' Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively…
18-6151 Claude Thelemaque v. United States Eleventh Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP burden-of-proof cocaine-distribution conspiracy criminal-law criminal-law-procedure drug-trafficking due-process evidence evidence-admissibility jurisdiction standard-of-proof witness-testimony Whether the government failed to prove beyond a reasonable doubt that Thelemaque conspired to distribute cocaine with knowledge that it would be impor…
18-6152 M. E. D. v. New Jersey New Jersey 2018-10-01 Denied Relisted (2)IFP child-endangerment criminal-procedure due-process evidence evidence-law fair-trial jury-instruction jury-instructions other-wrongs-evidence second-degree-child-endangerment victim-testimony witness-testimony (1) DID THE TRIAL COURT VIOLATE PEIITIONER"S RIGHT UNDER THE DUE PROCESS CLAUSE TO A FAIR TRIAL WHEN THE COURT FAILED TO INSTRUCT THE JURY PROPERLY ON…
18-369 Fidencio Valdez v. Texas Texas 2018-09-20 Denied circumstantial-evidence constitutional-due-process criminal-procedure due-process false-evidence false-testimony perjury prosecutorial-misconduct tacit-agreement timely-objection trier-of-fact void-for-vagueness witness-testimony 1. When a defendant knows or should know that a prosecutor has used or introduced false or perjured evidence before the trier-of-fact, is there an obl…
18-5953 Antowan Thorne v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony SHOULD WRIT OD CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR NEW TRIAL OR EVIDENTIARY HEARING WHEN COUNSEL FAI…
18-5747 Javier Amador-Flores v. United States Tenth Circuit 2018-08-31 Denied Response WaivedIFP circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on "s…
18-5686 Dwight Mundle v. United States Second Circuit 2018-08-23 Denied Response WaivedIFP 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony Was their enough or even any evidence to prove the conviction of transmitting a threatening communication. in violation of 18 U.S.C. § 875 (c), was th…
18-5664 Chan Cheeseboro v. Little Richie Bus Service, Inc. Second Circuit 2018-08-20 Denied Relisted (2)IFP accident-report civil-procedure deposition discovery district-court due-process evidence false-testimony judicial-discretion judicial-misconduct legal-standing standing witness witness-testimony 1. Why the United States District Court for the Eastern District of New York would allow the law firm of Lewis Bris Bois Bisgaard and Smith LLP. allow…
18-5427 Monclaire Saint Louis v. United States Fourth Circuit 2018-08-02 Denied Response WaivedIFP criminal-procedure curative-instruction curative-instructions due-process evidence jury-bias jury-instructions kidnapping prejudice prejudicial-error rape witness-testimony 1. Whether witness testimony, on more than one occasion, reveals that a rape was committed during a kidnapping, by someone other than the defendant, c…
18-5348 Gary Clack v. Kentucky Kentucky 2018-07-25 Denied Response WaivedIFP counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel kentucky-court-of-appeals post-conviction-relief prejudice prejudice-prong sixth-amendment strickland-standard strickland-v-washington witness-testimony Whether the Kentucky Court of Appeals properly applied the Strickland prejudice prong when it held that trial counsel provided ineffective assistance …
18-5286 Odere Suleitopa v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony Federal Rule of Evidence 701 states that a lay witness's opinion testimony must be rationally based on the witness's perception. The Circuits have lon…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony The question presented is: Whether a criminal defendant in a drug conspiracy trial is entitled to see the plea agreements of non-testifying co-defenda…