No. 22-7111

Tony Khong v. Scott Frauenheim, Warden

Lower Court: Ninth Circuit
Docketed: 2023-03-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-claim brady-vs-maryland de-novo-review evidence-suppression giglio-vs-united-states habeas-corpus kyles-vs-whitley materiality ninth-circuit united-states-vs-bagley
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-04-28
Question Presented (from Petition)

Did the Ninth Circuit's de novo disposition of Petitioner's Brady claim in the habeas corpus context, which focused exclusively on Bagley's earlier rule ("a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding might have been different," 473 U.S. at 682), conflict with Kyles's and its progeny's expanded approach toward materiality?

Question Presented (AI Summary)

Did the Ninth Circuit's de novo disposition of Petitioner's Brady claim in the habeas corpus context, which focused exclusively on Bagley's earlier tule ('a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding might have been different,' 473 U.S. at 682), conflict with Kyles's and its progeny's expanded approach toward materiality?

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-07
Waiver of right of respondent Glen E. Pratt, Warden to respond filed.
2023-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2023)

Attorneys

Glen E. Pratt, Warden
David Andrew EldridgeCalifornia Department of Justice, Respondent
Tony Khong
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner