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Marchello Moore v. United States

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 24-5681 · judgment August 5, 2025


Certiorari denied · December 8, 2025

Question presented

  1. Whether the Sixth Circuit erred by prohibiting fact-finders in a criminal trial from considering the in-court appearance of the defendant as it compares to photographic and video evidence in the record, or whether the Sixth Circuit should permit such consideration, as the Fifth and Ninth Circuits do.

  2. Whether the Sixth Circuit failed to follow its own precedential case of United States v. Hickman, 592 F.2d 931 (6th Cir. 1979), when analyzing whether the district court’s interjections during testimony deprived the defendant of a fair trial pursuant the the Sixth Amendment. LIST OF PARTIES All parties appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of the Petition is as follows: Marchello Moore, Petitioner United States of America, Respondent

Counsel of record

For petitioner
Genna M Lutz
McWhirter Law Firm PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 08 2025
    Petition DENIED.
  2. Nov 19 2025
    DISTRIBUTED for Conference of 12/5/2025.
  3. Nov 12 2025
    Waiver of right of respondent United States to respond filed.
  4. Nov 03 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2025)