No. 22-6741

Donatus O. Mbanefo v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-02-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland brady-violation due-diligence due-process exculpatory-evidence giglio-standard giglio-v-united-states napue-v-illinois prosecutorial-misconduct self-help
Latest Conference: 2023-03-17
Question Presented (from Petition)

1). Whether, to establish a violation of Brady v. Maryland, 373 US 83 (1963), a defendant must show that he could not have obtained the independent efforts ppressed, exculpatory evidence through his of "self-help " or "due diligence " as the 11th and other five circuits haveownsu held, or whether the defendant 's failure to uncover the evidence independently is irrelevant as the other six courts of appeal have held.

2). Whether, the failure of the prosecutor to correct the testimony of two law enforcement officers which he knew were false was a Giglio/Napue misconduct which denied Petitioner due process of the law in violation of the 5^ Amendment of the United States constitution.

Question Presented (AI Summary)

Whether a defendant must show inability to obtain suppressed evidence through own efforts to establish Brady violation

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
Waiver of right of respondent United States to respond filed.
2022-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2023)

Attorneys

Donatus O. Mbanefo
Donatus Mbanefo — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent