No. 19-6612

Jerome Small v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness
Key Terms:
SocialSecurity Securities
Latest Conference: 2020-01-10
Question Presented (from Petition)

Is their four (4) prongs to establishing a Brady claim ?

Is the burden on the defense to scavage for Brady material to
show due diligence ?

Is a Brady violation one of timelyness ?

If a prosecuting attorney agrees to dismiss remaining charges
with a star witness that is apart of a plea agreement, do they
have to turn that information over ?

If a prosecuting attorney agrees to dismiss remaining charges
should that information be within the frame work of the plea
agreement ?

Did the PCRA Court Abuse it's discression when they failed to
address the issue raised before them ?

Did the Appellate Court Abuse it's discression when they ruled
that they would not remand to the PCRA Court for correction, and
when they ruled that the issue was previously litigated ?

Is a issue that was raised, but the merits of the claim was
never ruled upon, is it deemed previously litigated ?

Question Presented (AI Summary)

Is there four (4) prongs to establishing a Brady claim?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent Pennsylvania to respond filed.
2019-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)
2019-07-31
Application (19A128) granted by Justice Alito extending the time to file until October 31, 2019.
2019-07-24
Application (19A128) to extend the time to file a petition for a writ of certiorari from September 16, 2019 to October 31, 2019, submitted to Justice Alito.

Attorneys

Jermone Small
Jerome Small — Petitioner
Pennsylvania
John Francis Xavier ReillyDelaware County District Attorney's Office, Respondent