No. 21-349

Kent Eric LeBere v. Travis Trani, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2021-09-03
Status: Denied
Type: Paid
Response Waived
Tags: brady-claim brady-violation certificate-of-appealability criminal-conviction due-process false-testimony habeas-corpus perjury prosecutorial-misconduct wrongful-conviction
Latest Conference: 2021-10-08
Question Presented (from Petition)

1. Whether the lower courts should fully decide whether the state knew or should have known that the testimony about Mr. LeBere's "confession" was false.

2. In the alternative, whether the Tenth Circuit improperly denied a certificate of appealability by concluding that Mr. LeBere's appeal ultimately will fail, rather than considering—as this Court requires—whether it has at least debatable merit.

Question Presented (AI Summary)

Whether the lower courts should fully decide whether the state knew or should have known that the testimony about Mr. LeBere's 'confession' was false

Docket Entries

2021-10-12
Petition DENIED.
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
Waiver of right of respondent Travis Trani, et al. to respond filed.
2021-08-30
Petition for a writ of certiorari filed. (Response due October 4, 2021)

Attorneys

Kent LeBere
James Lloyd VollingFaegre Drinker Biddle & Reath LLP, Petitioner
Travis Trani, et al.
Jillian Joy PriceColorado Attorney General's Office, Respondent