No. 20-5035

Octavius McLendon and Henry Lee Bryant v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: aiding-and-abetting brady-violation constitutional-infirmity joint-trial new-trial-relief principal-conviction
Latest Conference: 2020-09-29
Question Presented (from Petition)

Where a Brady violation has rendered constitutionally infirm the conviction of a defendant who was alleged to be the principal in the commission of an offense, does the infirmity in the principal's conviction warrant new trial relief for petitioners who were convicted, in a joint trial with the principal, of aiding and abetting the principal and does the availability of relief to petitioners turn on whether the principal individually requests and receives new trial relief?

Question Presented (AI Summary)

Where a Brady violation has rendered constitutionally infirm the conviction of a defendant who was alleged to be the principal in the commission of an offense, does the infirmity in the principal's conviction warrant new trial relief for petitioners who were convicted, in a joint trial with the principal, of aiding and abetting the principal and does the availability of relief to petitioners turn on whether the principal individually requests and receives new trial relief?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-10
Waiver of right of respondent United States to respond filed.
2020-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2020)

Attorneys

Octavius McLendon, et al.
Richard C. Klugh Jr. — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent