No. 20-6570

Brandon Bernard v. United States

Lower Court: Fifth Circuit
Docketed: 2020-12-08
Status: Denied
Type: IFP
IFP
Tags: brady-disclosure brady-violation death-penalty gang-affiliation government-misconduct napue-claim napue-violation procedural-default section-2255 successive-habeas successive-petition
Latest Conference: N/A
Question Presented (from Petition)

Where government action prevented Petitioner from bringing his claims under Brady and Napue in his initial § 2255 motion, should a second-in-time motion asserting those claims be deemed non successive under this Court's analysis in Panetti?

Question Presented (AI Summary)

Where government action prevented Petitioner from bringing his claims under Brady and Napue in his initial § 2255 motion, should a second-in-time motion asserting those claims be deemed nonsuccessive under this Court's analysis in Panetti?

Docket Entries

2020-12-10
Reply of petitioner Brandon Bernard filed.
2020-12-10
Supplemental brief in support of stay application filed.
2020-12-10
Petition DENIED. Justice Breyer and Justice Kagan would grant the petition for a writ of certiorari. Justice Sotomayor, dissenting from the denial of certiorari and application for stay. (Detached Opinion)
2020-12-10
Application (20A110) referred to the Court.
2020-12-10
Application (20A110) denied by the Court. Justice Breyer and Justice Kagan would grant the application. Justice Sotomayor, dissenting from the denial of certiorari and application for stay. (Detached opinion)
2020-12-09
Brief of respondent United States in opposition filed.
2020-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)
2020-12-08
Application (20A110) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Brandon Bernard
Robert Charles OwenLaw Office of Robert C. Owen, LLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent