No. 23-6501

Kevin Keith v. Harold May, Warden

Lower Court: Sixth Circuit
Docketed: 2024-01-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-the-writ aedpa brady-claim brady-rule federal-habeas habeas-corpus newly-discovered-evidence second-or-successive second-successive-petition statutory-interpretation
Latest Conference: 2024-02-23
Question Presented (from Petition)

Are Brady claims "second or successive" under 28 U.S.C. § 2244(b)(2) when the suppressed evidence comes to light only after the dismissal of an initial federal habeas petition?

Question Presented (AI Summary)

Whether Brady claims are 'second or successive' under 28 U.S.C. § 2244(b)(2) when the suppressed evidence comes to light only after the dismissal of an initial federal habeas petition

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-02-05
Waiver of right of respondent May, Warden to respond filed.
2024-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2024)
2023-11-13
Application (23A424) granted by Justice Kavanaugh extending the time to file until January 12, 2024.
2023-11-08
Application (23A424) to extend the time to file a petition for a writ of certiorari from November 13, 2023 to January 12, 2024, submitted to Justice Kavanaugh.

Attorneys

Kevin Keith
Rachel TroutmanOhio Public Defender, Petitioner
May, Warden
Michael Jason HendershotOhio Attorney General's Office, Respondent