No. 22-6046

Terrioues Owney v. United States

Lower Court: Fifth Circuit
Docketed: 2022-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review brady-disclosure brady-v-maryland constitutional-rights cooperating-witness due-process late-disclosure materiality materiality-standard new-trial witness-credibility
Latest Conference: 2023-01-06
Related Cases: 22-6085 (Vide)
Question Presented (from Petition)

Did the United States Court of Appeals for the Fifth Circuit deny Owney's right to constitutional due process by applying an erroneous standard in assessing materiality of a cooperating witness's late-disclosed Brady letter stating the entire case was made up of lies?

Alternatively, does the Brady decision forego the material analysis that the suppressed evidence would have resulted in a different verdict at trial had the evidence been timely disclosed?

Question Presented (AI Summary)

Did the United States Court of Appeals for the Fifth Circuit deny Owney's right to constitutional due process by applying an erroneous standard in assessing materiality of a cooperating witness's late-disclosed Brady letter stating the entire case was made up of lies?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-18
Waiver of right of respondent United States to respond filed.
2022-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2022)
2022-10-03
Application (22A279) granted by Justice Alito extending the time to file until November 10, 2022.
2022-09-29
Application (22A279) to extend the time to file a petition for a writ of certiorari from October 11, 2022 to December 1, 2022, submitted to Justice Alito.

Attorneys

Terrioues Owney
Mark David PlaisancePlaisance Law LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent