brady-rule

34 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6526 Johnny Ray Walls-Bey v. Arizona Arizona 2026-01-08 Pending Response WaivedIFP brady-rule due-process false-testimony napue-violation plea-agreement prosecutorial-misconduct (1) Where State Prosecutors knowingly used and failed to correct false sworn testimony in connection with the plea such as at the plea colloquy, in …
24-5247 Eric Cruz v. Officer Domingo Cervantez Fifth Circuit 2024-08-06 Denied Response WaivedIFP 14th-amendment 5th-amendment brady-rule brady-rule-of-evidence constitutional-rights criminal-procedure due-process eighth-amendment evidence evidence-exclusion qualified-immunity safe-prison-act (I) Did the U S District courts ,failure to allow relevant evidence into trial proceeding violate ,Brady Rule of Evidence under Brad ■Out.iv v Maryl…
23-7152 Sean Burton v. Pennsylvania Pennsylvania 2024-04-05 Denied IFP brady-rule constitutional-rights criminal-procedure due-process evidence exculpatory-evidence government-misconduct post-conviction-relief right-to-a-fair-trial WHETHER THE COMMONWEALTH OF PENNSYLVANIA VIOLATED THE BRADY RULE. WHETHER PETITIONER'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS WERE VIOLATED WHICH PR…
23-6822 Robert P. Brozenick v. Pennsylvania, et al. Third Circuit 2024-02-26 Denied Response WaivedIFP brady-rule brady-violation deprivation-of-rights due-process fifth-amendment judicial-advocacy judicial-misconduct maleng-v-cook strickland-v-washington wrongful-conviction Would this honorable court allow any caselaw that would irresponsibly assists in the wrongful conviction of any U.S.Citizen convicted by Judicial adv…
23-6501 Kevin Keith v. Harold May, Warden Sixth Circuit 2024-01-17 Denied Response WaivedIFP abuse-of-the-writ aedpa brady-claim brady-rule federal-habeas habeas-corpus newly-discovered-evidence second-or-successive second-successive-petition statutory-interpretation 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 initia…
23-6482 Christopher J. Barnett v. Oklahoma Oklahoma 2024-01-12 Denied IFP appellate-review brady-rule constitutional-provisions conviction-integrity criminal-procedure due-process judicial-process legal-jurisdiction petition-review prosecutorial-misconduct supreme-court-procedure writ-of-certiorari MAY A COURT ENFORCE BRADY AND NAPUE VIOLATIONS THAT JEOPARDIZE A DEFENDANT'S RIGHT TO A FAIR TRIAL AND DOES THE BRADY/NAPUE ISSUES ARISE WHEN A CHANGE…
23-680 In Re Frander Salguero 2023-12-22 Denied Relisted (2) brady-rule brady-violation constitutional-duty due-process false-evidence judicial-power mandamus mandamus-petition napue-rule prosecutorial-misconduct This Court has jurisdiction over the filed and pending certiorari petitions Salguero v. California, No. 23-610, (.Brady issue) & Salguero u. Court of …
23-6015 Kwame Ali Askia v. United States Eighth Circuit 2023-11-15 Denied Response WaivedRelisted (2)IFP brady-rule constitutional-law continuing-offense exculpatory-evidence federal-rules federal-rules-of-procedure judicial-protocol statute-of-limitations Question not identified.
23-304 Thomas Neilsen v. John Kellner, in His Official Capacity as District Attorney, et al. Colorado 2023-09-26 Denied Response Waived black-letter-law brady-rule civil-rights declaratory-relief due-process heck-doctrine heck-v-humphrey mooney-v-holohan prosecutorial-misconduct section-1983 supreme-court-precedent In this case, Prosecutors for the 18th Judicial District in Colorado, acting as advocates for the State of Colorado convicted an innocent man by withh…
23-5535 Michael Rocky Lane v. United States Ninth Circuit 2023-09-06 Denied Response WaivedIFP brady-claim brady-rule circuit-split clear-and-convincing-evidence criminal-procedure due-process evidence-standard federal-jurisdiction federal-law habeas-corpus statutory-interpretation I. Whether The Circuit Courts Have Decided An Important Question Of Federal Law That Should Be Definitively Settled By This Court? II. Whether 28 U.S…
23-5151 Tony A. Berger v. Wood County Sheriff's Department, et al. Seventh Circuit 2023-07-20 Denied IFP brady-rule consent-to-search due-process exculpatory-evidence law-enforcement-authority minor-interrogation parental-rights prosecutorial-misconduct search-and-seizure witness-credibility Would assistant district attorney have authority to deny exculpatory evidence brought to his office? Do deputies have authority to say someone who ha…
22-7395 Gudonavon J. Taylor v. Ohio Ohio 2023-04-28 Denied IFP brady-rule burden-of-proof constitutional-rights due-process fundamental-fairness juvenile-offender juvenile-offenders perjured-testimony presumption-of-innocence (1) Whether the procedure rule under Crim.R. 33(B) should be deemed oppressive and arbitrary for juvenile offenders? (2) Whether a juvenile offender'…
22-6779 Jong Sung Kim v. United States Eleventh Circuit 2023-02-14 Denied Response WaivedIFP brady-rule brady-violation de-novo-review due-process fifth-amendment giglio-rule giglio-violation sixth-amendment standard-of-review I) Whether due process and the Fi fth and Sixth Amendments require circuit courts to review Brady and Giglio violation claims de novo , rather than fo…
22-600 Gregory Bartko v. United States Fourth Circuit 2022-12-30 Denied Response Waived aedpa aedpa-standard brady-claim brady-rule exculpatory-evidence gatekeeping-standard habeas-corpus napue-claim napue-rule panetti-v-quarterman Is the stringent second-and-successive gatekeeping standard under 28 U.S.C. § 2244(b), which some circuits have applied to after-acquired Brady/Napue …
22-5530 Joseph Ray Jordan v. United States Second Circuit 2022-09-08 Denied Response WaivedIFP affirmative-defense brady-rule constitutional-rights criminal-procedure ineffective-assistance-of-counsel post-conviction-relief right-to-testify section-2255 strickland-standard witness-tampering Each of the following four pages presents one primary question regarding IAC claims that survived Section 2255(b) screening, but were ultimately rejec…
21-6764 In Re Eric Denorris Kennedy 2022-01-05 Denied IFP appellate-review brady-rule civil-rights constitutional-provisions due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-issues legal-standards procedural-rights standing Question not identified.
21-6026 Barton R. Gaines v. Texas Texas 2021-10-20 Denied IFP brady-rule constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel post-conviction-relief strickland-standard trial-counsel Like Brady, but with defense counsel (i.e., rather than the prosecutor), does the defendant have a reasonable expectation that his trial counsel will …
21-203 John A. Mandacina v. Frederick Entzel, Warden Seventh Circuit 2021-08-12 Denied Response Waived brady-claim brady-rule due-process due-process-clause evidence-withholding federal-jurisdiction federal-procedure habeas-corpus post-conviction-relief savings-clause statutory-interpretation 1. Did the court of appeals correctly conclude that petitioner's Brady claim fell outside the scope of the "savings clause" of 28 U.S.C. § 2255(e). 2…
21-5035 Ronald Pyles v. LaShann Eppinger, Warden Ohio 2021-07-08 Denied IFP brady-rule brady-violation civil-rights due-process ethical-standards ineffective-assistance ineffective-assistance-of-counsel judicial-impartiality judicial-recusal recusal witness-testimony QUESTION I: Isn't it true, that, under the "recusal standard " addressed in 28 U.S.C.S. §455(a); "what matters is not the reality of bias or prejudice…
20-7611 Jamar Garrison v. United States Sixth Circuit 2021-03-30 Denied IFP brady-rule brady-violation constitutional-rights criminal-procedure discovery-obligations due-process harmless-error rule-16 sixth-circuit I. Should a Writ of Certiorari Issue to Revi ew the Brady and Rule 1 6 Due Process Viol ations in Defendant's Case Because the Sixth Ci rcuit Found No…
20-7039 Thomas Patrick Keelan v. United States Eleventh Circuit 2021-02-05 Denied Response WaivedIFP brady-rule brady-violation criminal-procedure due-process giglio-impeachment giglio-rule homosexuality jencks-act new-evidence perjured-testimony 1. Does an overview of facts collected at trial/ sentencing/ restitution/ direct and collateral review/ (and from startling new evidence)/ which expo…
20-6800 Harry Miller v. United States Seventh Circuit 2021-01-08 Denied Response WaivedIFP brady-rule brady-v-maryland constitutional-law criminal-procedure due-process exculpatory-evidence favorable-evidence materiality prosecutorial-disclosure prosecutorial-misconduct trial-fairness How does a court determine whether evidence that the prosecution did not share with the defense before trial is "favorable" under the standard announc…
20-5623 Maksim Stefanyuk v. United States Eighth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights When a defendant in Federal Criminal Court proceedings requests to review, prior to trial, the evidence that is in the government's possession that is…
20-2 Hector L. Valentin v. City of Rochester, New York, et al. Second Circuit 2020-07-09 Denied Response Waived brady-rule civil-rights conflict-of-interest constitutional-bias due-process judicial-conflict judicial-ethics pro-se-litigation suppression-of-evidence FIRST QUESTION PRESENTED. Should the Brady Rule versus a self-decided Judicial ethical issue by a seriously conflicted Federal Judge and involving the…
19-7614 Jason Perry v. Richard Brown Seventh Circuit 2020-02-10 Denied Response WaivedIFP brady-rule civil-procedure civil-procedure-rules constitutional-rights criminal-procedure due-process evidence exculpatory-evidence habeas-corpus judicial-review standing state-court 1. Whether the Courts violated Rule 2/a) Governing Section 2254 Cases? 2. Whether withholding an officer's statement until the habeas Corpus stage is…
19-7476 Timothy Wayne Kemp v. Dexter Payne, Director, Arkansas Division of Correction Eighth Circuit 2020-01-29 Denied Amici (1)IFP brady-rule brady-violation criminal-procedure death-penalty discovery due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-investigation procedural-default professional-standards Must a court consider prevailing professional norms when determining whether a life history investigation was "thorough"? Was an appeal warranted on …
19-7414 Latray Whitley v. Texas Texas 2020-01-24 Denied IFP brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony Whether the state district court's determination that 1. written, 5K1 and Rule 35-based cooperation addenda between two federal inmates who testified …
19-246 Massood Jallali v. Florida Florida 2019-08-26 Denied Response Waived affirmative-defense brady-rule brady-violation-claim criminal-procedure discovery due-process evidence theory-of-innocence WHETHER THE TRIAL COURT DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW IN DISCOVERY RULINGS THAT RESULTED IN A MISCARRIAGE OF JUSTICE AND DEPRIVATION…
18-8353 David A. Hicks v. United States Fourth Circuit 2019-03-08 Denied Response WaivedIFP brady-rule criminal-procedure due-process evidence-destruction exculpatory-evidence government-misconduct habeas-corpus spoliation-of-evidence witness-credibility WHETHER the Government can destroy evidence a defendant has sufficient reason to believe is necessary to prove innocence in an anticipated § 2241 Moti…
18-7495 Willie E. Boyd v. Francisco J. Quintana, Warden Sixth Circuit 2019-01-18 Denied Response WaivedIFP even though the federal prisoner has demonstrated under Brady and shows new evidence that undermine 28-usc-2241 28-usc-2255 actual-innocence brady-claim brady-rule constitutional-rights due-process federal-prisoner fifth-amendment habeas-corpus statutory-interpretation Whether the decision of the Sixth Circuit is in conflict with United States v. Hayman, 342 U.S. 205 (1952), were the Appellate Court has made 28 U.S.C…
18-7229 Telisa De'Ann Blackman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-01-04 Denied Response WaivedIFP aedpa brady-claim brady-giglio-napue brady-rule burden-of-proof exculpatory-evidence federal-habeas federal-writ giglio-claim giglio-rule napue-claim napue-rule prosecutorial-misconduct successive-petitions Should a prisoner be substantively disadvantaged by having to meet a higher burden of proof on her Brady/Giglio/Napue claims because the prosecution h…
18-6872 Seifullah Abdul-Salaam v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2018-11-29 Denied Response WaivedIFP aedpa brady-rule brady-v-maryland brady-violation certificate-of-appealability due-process exculpatory-evidence exhaustion-of-remedies habeas-corpus habeas-corpus-review litigation-conduct nonexhaustion-defense state-post-conviction suppression-of-evidence 1. Post-AEDPA, can a nonexhaustion defense be deemed expressly waived based on a party's litigation conduct, where the Commonwealth suppressed arguabl…
18-673 Terrence Edwin Prince v. Joe A. Lizarraga, Warden Ninth Circuit 2018-11-23 Denied Response RequestedResponse WaivedRelisted (2) and whether applying AEDPA's restrictive provisio aedpa brady-claim brady-rule due-process federal-courts gatekeeping-provisions habeas habeas-corpus retroactivity second-in-time-petition second-or-successive 1. Is a Brady claim brought in a second-in-time habeas petition "second or successive" for purposes of AEDPA's gatekeeping provisions when the claim i…
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the Defendants' Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively…