No. 19-8581

Marlon Deon Harmon v. Tommy Sharp, Warden

Lower Court: Tenth Circuit
Docketed: 2020-06-02
Status: Denied
Type: IFP
IFP
Tags: brady-v-maryland brady-violation brecht-standard brecht-v-abrahamson confession confession-evidence constitutional-error death-penalty habeas-corpus mitigating-evidence sentencing
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (from Petition)

Should this Court provide uniform guidance to federal courts in their analyses under Brecht v. Abrahamson when the harm caused in the admission of an unconstitutionally obtained confession need only substantially and injuriously impact a single juror's critical death penalty verdict?

Can a habeas court properly consider the record as a "whole" as required by Brecht v. Abrahamson if it fails to assess the mitigating evidence that was presented, did not consider evidence that should have been presented had defendant received effective assistance of counsel, and did not consider evidence the prosecutor failed to disclosed in violation of Brady v. Maryland?

Question Presented (AI Summary)

Should federal courts provide uniform guidance in analyzing harm from unconstitutionally obtained confessions in death penalty cases?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-10
Reply of petitioner Marlon Harmon filed. (Distributed)
2020-06-29
Brief of respondent Tommy Sharp, Warden in opposition filed.
2020-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2020)
2020-03-13
Application (19A1011) granted by Justice Sotomayor extending the time to file until May 25, 2020.
2020-03-11
Application (19A1011) to extend the time to file a petition for a writ of certiorari from March 26, 2020 to May 25, 2020, submitted to Justice Sotomayor.

Attorneys

Marlon Harmon
Patti Palmer GhezziFederal Public Defender, Petitioner
Tommy Sharp, Warden
Jennifer L. CrabbOffice of the Attorney General, Respondent