No. 22-6476
IFP
Tags: brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus materiality-standard selective-disclosure state-procedural-ground texas-code-criminal-procedure
Latest Conference:
N/A
Question Presented (from Petition)
Whether § 5(a)(1) is an adequate and independent state procedural ground to bar review of a Brady claim where the petitioner discovers new exculpatory evidence after the conclusion of initial state and federal habeas review because the State's selective disclosure of information in response to a prior Brady allegation concealed the facts that supported a finding of materiality.
Question Presented (AI Summary)
Whether § 5(a)(1) is an adequate and independent state procedural ground to bar review of a Brady claim
Docket Entries
2023-01-10
Reply of petitioner Robert Fratta filed.
2023-01-10
Application (22A603) referred to the Court.
2023-01-10
Petition DENIED.
2023-01-10
Application (22A603) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-01-09
Brief of respondent Texas in opposition filed.
2023-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2023-01-06
Application (22A603) for a stay, submitted to Justice Alito.
Attorneys
Robert Fratta
State of Texas
Ellen Stewart-Klein — Office of the Attorney General of Texas, Respondent