No. 22-519

Shawn Rogers Malloy v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2022-12-05
Status: Denied
Type: Paid
Tags: attorney-client-privilege brady-v-maryland brady-violation constitutional-remedy due-process prosecutorial-misconduct right-to-counsel sixth-amendment united-states-v-nobles
Latest Conference: 2023-04-28
Question Presented (from Petition)

1. Does the prosecution's retention of, failure to
quarantine, and failure to disclose possession of a
criminal defendant's legal strategy notes, prepared with his attorney, violate the defendant's due process
rights under the Fifth and Fourteenth Amendments
of the United States Constitution, including as stated
in Brady v. Maryland and California v. Trombetta?

2. Does the prosecution's retention of, failure to
quarantine, and failure to disclose possession of a
criminal defendant's legal strategy notes, prepared
with his attorney, violate the defendant's right to counsel guaranteed by the Sixth Amendment of the
United States Constitution, as it is inextricably linked
to the protection of attorney-client work product, including as stated in United States v. Nobles?

3. Does the Pennsylvania trial court's and appellate
courts' use of a false-in-one, false-in-all standard
jury instruction as the sole remedy for prosecutorial misconduct violate the Morrison standard for tailoring
remedies in proportion to the constitutional violation?

4. Does the Pennsylvania trial court's and appellate
courts' placement of the burden of proof on the criminal
defendant related to the prejudice the prosecution's retention of, failure to quarantine and failure to
disclose possession of the defendant's legal strategy
notes prepared with his attorney violate Berger and
its progeny?

Question Presented (AI Summary)

Does the prosecution's retention of, failure to quarantine, and failure to disclose possession of a criminal defendant's legal strategy notes, prepared with his attorney, violate the defendant's due process rights and right to counsel?

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-03-06
Brief of respondent Pennsylvania in opposition filed.
2023-01-05
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2023.
2023-01-03
Motion to extend the time to file a response from January 4, 2023 to March 6, 2023, submitted to The Clerk.
2022-10-04
Petition for a writ of certiorari filed. (Response due January 4, 2023)

Attorneys

Commonwealth of Pennsylvania
Robert M FalinMontgomery County District Attorney's Office, Respondent
Marissa Ann BoothMontgomery County District Attorney's Office, Respondent
Shawn Rogers Malloy
Nathan John SchadlerConway Schadler, LLC, Petitioner