brady-material

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6746 In Re Flora Hoi 2025-03-11 Denied IFP brady-material court-records due-process ethical-obligations judicial-disqualification judicial-misconduct 1. Above Model Rule 3.8 governing the ethical obligation the lower courts, what standard, rule, or procedure should the Court amendable its compliance…
24-6611 Royhem Deeds v. Kevin Sprayberry, Warden Georgia 2025-02-21 Denied IFP brady-material due-process exculpatory-statement habeas-corpus state-law-enforcement witness-statement The state habeas court held that an oral exculpatory statement, made by a complaining witness to a state law enforcement officer, cannot constitute Br…
24-5863 Andres C. v. Connecticut Connecticut 2024-10-30 Denied Response WaivedIFP brady-material constitutional-rights criminal-procedure due-process evidence-review prosecutorial-discretion Whether, when potential Brady material (Brady v. Maryland, 373 U.S. 83 (1963)), is discovered during a criminal trial—and that material consists of th…
23-1151 Nathaniel Brian Verellen v. Michigan Michigan 2024-04-23 Denied 14th-amendment 4th-amendment 5th-amendment brady-material constitutional-rights due-process indian-commerce-clause license-plate traffic-code tribal-sovereignty 1. Did the State of Michigan erroneously redefine "registration plate" so as to unlawfully broaden and apply Michigan Traffic Code, MCL 257.256, Licen…
23-7213 Jerris M. Blanks v. United States Eighth Circuit 2024-04-12 Denied Response WaivedIFP brady-material civil-rights discovery discovery-request due-process government-misconduct judicial-bias post-conviction-relief standing Did the Defendant show "good cause" to obtain discovery, after presenting evidence of multiple instances of Government perjury, falsified documents, i…
23-7141 Keith Martin Molineaux v. Donnie Ames, Superintendent, Mount Olive Correctional Complex Fourth Circuit 2024-04-04 Denied Response WaivedIFP 28-usc-2253 brady-material certificate-of-appealability confession-fabrication false-confession habeas-corpus miller-el-standard miller-el-v-cockrell Under Miller-El v. Cockrell 537 U.S. 322 (2003), should the Petitioner's novel claim that his confession was fabricated be encouraged to proceed furth…
23-6890 Lamar Larue White v. California California 2024-03-05 Denied IFP brady-material constitutional-rights dna-evidence due-process ineffective-assistance-of-counsel jury-instructions lesser-included-offense sixth-amendment in this matter is it legally permissible to 1.) Wherefore . co.nvict the accused on erroneous jury instructions that do not prove guilt beyond a reas…
23-6193 Steven Vincent Smith v. United States Eleventh Circuit 2023-12-07 Denied Response WaivedRelisted (2)IFP brady-material criminal-procedure evidence-suppression exclusionary-rule fourth-amendment good-faith-exception search-and-seizure suppression-of-evidence void-ab-initio warrant-validity warrantless-search Does the determination that a warrant is void ab initio, rendering the resultant search of the Petitioner's residence warrantless (and thus unreasonab…
22-6886 Kavin Maurice Rhodes v. Christian Pfeiffer, Warden Ninth Circuit 2023-02-28 Denied Response WaivedIFP actual-innocence actual-innocence-standard brady-material brady-v-maryland constitutional-error federal-rules-of-civil-procedure habeas-corpus napue-v-illinois postconviction-discovery schlup-v-delo statute-of-limitations The Antiterrorism And Effective Death Penalty Act of 1996 (AEDPA) codified at 28 U.S.C. § 2244(d)(1)(A), contains a one-year statute of limitations fo…
22-6759 In Re Charles Jordan 2023-02-10 Denied IFP brady-material civil-rights constitutional-errors counsel-silence default-rule due-process habeas-corpus plea-bargaining prosecutorial-misconduct standing state-officials 1. How can a petitioner lose appeal of rights on certain claims due to officials mishandling Court Order? 2. Why should the State enjoy the privilege…
22-5909 Timmy Doucet v. Tim Hooper, Warden Fifth Circuit 2022-10-25 Denied Response WaivedIFP brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment 1. Reasonable jurists would determine that the evidence presented during trial was insufficient to convict Doucet of Aggravated Rape beyond a reasonab…
21-7186 Jon Hall v. Tony Mays, Warden Sixth Circuit 2022-02-23 Denied IFP brady-disclosure brady-duty brady-material brady-v-maryland circuit-split constitutional-obligation evidence-disclosure governmental-entity prosecutorial-duty In circumstances where the favorable evidence lies in the hands of a governmental entity other than law enforcement or the prosecution, what is the pr…
21-5859 Shikeb Saddozai v. Rob Bonta, Attorney General of California, et al. Ninth Circuit 2021-10-04 Denied IFP actual-innocence aedpa-statute brady-material certificate-of-appealability constitutional-rights habeas habeas-corpus ineffective-assistance-of-counsel prima-facie-case statute-of-limitations 1. Whether Petitioner seeking a COA demonstrated a substantial showing of the denial of a Constitutional right and that jurist of reason would find i…
21-250 Khamraj Lall v. United States Third Circuit 2021-08-23 Denied Response WaivedRelisted (2) brady-material constitutional-rights due-process indictment-transfer ineffective-assistance-of-counsel ineffective-counsel right-to-testify simultaneous-indictments speedy-trial 1. Whether or not the Trial Judge erred in not having an on-the-record colloquy with the defendant outside the presence of the jury to enquire if the …
20-7709 Alvin Henry v. United States Third Circuit 2021-04-09 Denied Response WaivedIFP brady-material brady-v-maryland due-process effective-assistance-of-counsel giglio-disclosure giglio-v-united-states prejudice-standard reasonable-probability third-circuit trial-counsel trial-procedure Whether the Third Circuit's focus on trial counsel's effective use of Brady/Giglio material at trial is consistent with this Court's uniform precedent…
20-7264 Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-26 Denied IFP adverse-effect brady-material conflict-of-interest constitutional-rights cuyler-standard cuyler-v-sullivan indigent-defense ineffective-assistance ineffective-assistance-of-counsel trial-counsel Whether the prophylaxis of Cuyler should be extended to define the term "adverse affect" to establish a demonstration test involving actual conflicts …
20-6944 Jose Manuel Zavala-Marti v. United States First Circuit 2021-01-26 Denied Response WaivedIFP brady-material civil-procedure due-process fifth-amendment habeas-corpus magistrate-act WHETHER ZAVLA MADE A SUBSTANTIAL SHOWING OF A DENIAL OF HIS RIGHT TO DUE PROCESS OF LAW AS SECURED UNDER FIFTH AMENDMENT OF THE UNITED STASTES CONSTIT…
20-5866 Shawn Kristi Dicken v. Shawn Brewer, Warden Sixth Circuit 2020-10-01 Denied Response WaivedIFP brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct I. WAS PETITIONER DENIED DISCOVERY PURSUANT TO BRADY v. MARYLAND 373 U.S. 83 VIOLATING HER V, VI AND XIV CONST. AMENDS.? II. WAS IMPROPER EXPERT OPI…
19-8839 Clayton D. Morrow v. Florida Florida 2020-06-26 Denied Response WaivedIFP brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland 1, does; especially when the infor…
19-7026 James W. Guy v. Ohio Ohio 2019-12-20 Denied Response WaivedIFP brady-material civil-procedure civil-rights continuance discovery-violation due-process exculpatory-evidence fair-trial first-amendment free-speech self-representation self-representing-defendant standing untimely-discovery (1) Did a trial judge deny a self-representing defendant his due process right to a fair trial when the State disclosed untimely discovery documents …
18-9137 Michael D. Hickingbottom v. Indiana Indiana 2019-05-06 Denied Response WaivedIFP brady-material civil-procedure civil-procedure-filing-deadlines due-process ineffective-assistance-of-counsel notice-of-appeal post-conviction-relief prison-mailbox-rule prosecutorial-misconduct standing 1. Does The Prison Mail Box Rule Announced In Excuse(s) The Filing of Late Notice of Appeals Which were Filed Statutory Dead line? 2. Was The state C…
18-7653 Lonzo Bonner v. Michigan Michigan 2019-01-29 Denied IFP brady-material due-process fair-trial fourth-amendment ineffective-assistance ineffective-assistance-of-counsel perjured-testimony probable-cause prosecutorial-misconduct WHETHER PETITIONER WAS DEPRIVED OF HIS STATE AND FEDERAL CONSTITIONAL RIGHT TO A FAIR TRIAL AND DUE PROCESS OF LAW WHEN THE PROSECUTION DELIBERATELY W…
18-7277 Shannon D. McGee, Sr. v. Joseph McFadden, Warden Fourth Circuit 2019-01-07 Denied Response RequestedResponse WaivedRelisted (13)IFP bagley brady brady-material civil-rights disclosure-of-evidence due-process post-trial standing warowe-v-illinois 1. DID THE FOURTH CIRCUIT COURT OF APPEALS ERR IN FINOING THAT PETITIONER FAILED TO STATE A CLAIM OF THE DENIAL OF A CONSTITUTIONAL WHERE THE STATE FA…
18-6486 In Re Steve G. Hernandez 2018-10-29 Denied Response WaivedRelisted (2)IFP brady-material brady-violation civil-rights criminal-procedure cumulative-error due-process evidence-suppression impeachment ineffective-assistance perjury witness-impeachment (A) WHAT IS CONSTITUTIONAL VIOLATION OF INEFFECTIVE ASSISTANCE OF COUNSEL WHEN: Trial counsel Quintino did not Investigate and Properly examine the FR…