No. 22-5058

Davel Chinn v. Tim Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2022-07-11
Status: Denied
Type: IFP
Relisted (5)IFP
Tags: aedpa brady-claim brady-v-maryland due-process evidence-suppression materiality materiality-standard prejudice sixth-circuit supreme-court-precedent
Latest Conference: 2022-11-04 (distributed 5 times)
Question Presented (from Petition)

1. Whether a petitioner who raises a claim under Brady v. Maryland, 373 U.S. 83 (1963), must establish that they were more likely than not prejudiced by the government's suppression of favorable evidence.

2. Whether the judgment of the Sixth Circuit requiring the petitioner in this case to establish that he was more likely than not prejudiced by the government's suppression of favorable evidence should be summarily reversed.

Question Presented (AI Summary)

Whether a petitioner who raises a claim under Brady v. Maryland, 373 U.S. 83 (1963), must establish that they were more likely than not prejudiced by the government's suppression of favorable evidence

Docket Entries

2022-11-07
Petition DENIED. Justice Jackson, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached Opinion)
2022-10-31
DISTRIBUTED for Conference of 11/4/2022.
2022-10-24
DISTRIBUTED for Conference of 10/28/2022.
2022-10-11
DISTRIBUTED for Conference of 10/14/2022.
2022-10-03
DISTRIBUTED for Conference of 10/7/2022.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-17
Reply of petitioner Davel Chinn filed. (Distributed)
2022-08-03
Brief of respondent Tim Shoop in opposition filed.
2022-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2022)
2022-05-04
Application (21A678) granted by Justice Kavanaugh extending the time to file until July 4, 2022.
2022-04-21
Application (21A678) to extend the time to file a petition for a writ of certiorari from May 5, 2022 to July 4, 2022, submitted to Justice Kavanaugh.

Attorneys

Davel Chinn
Rachel TroutmanOhio Public Defender, Petitioner
Tim Shoop
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent