No. 18-6783

Gino Velez Scott v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 actual-innocence brady-giglio brady-violation due-process gatekeeping-requirements giglio-violation government-misconduct habeas-corpus post-conviction post-conviction-relief second-or-successive second-or-successive-motion second-successive-motion
Latest Conference: 2019-01-04
Question Presented (from Petition)

Where a numerically-second § 2255 motion raises an actionable Brady/Giglio violation that (a) the government suppressed until after the conclusion of the defendant's numerically-first § 2255 motion, and (b) the defendant could not have discovered until the government revealed it, does the Constitution and this Court's precedent require that the numerically-second § 2255 motion not be subjected to the "gatekeeping" requirements of a "second or successive" motion?

Question Presented (AI Summary)

Where a numerically-second § 2255 motion raises an actionable Brady-Giglio violation that the government suppressed until after the conclusion of the defendant's numerically-first § 2255 motion, and the defendant could not have discovered it until the government revealed it, does the Constitution and this Court's precedent require that the numerically-second § 2255 motion not be subjected to the 'gatekeeping' requirements of a 'second or successive' motion?

Docket Entries

2019-01-07
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent United States to respond filed.
2018-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Gino Scott
Rosemary CakmisFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent