No. 18-36

Gregory Brice v. United States

Lower Court: District of Columbia
Docketed: 2018-07-06
Status: Denied
Type: Paid
Experienced Counsel
Tags: alternate-suspect brady-v-maryland brady-violation criminal-procedure due-process exculpatory-evidence motive motive-evidence new-trial post-trial-confession suppressed-evidence
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the government violated its obligations under Brady v. Maryland by suppressing evidence showing that the leading alternate suspect had a powerful motive to murder the decedent

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner was convicted of murder based on conflicting eyewitness testimony. The government’s witnesses put petitioner at the scene of the crime. Petitioner, however, presented eyewitnesses and other testimony that Darryl Hazel, not petitioner, committed the murder. The trial court refused to admit evidence of Hazel’s motive to commit the murder, and also excluded evidence that Hazel confessed to the crime. After trial, Hazel confessed several more times to the murder. Moreover, it emerged years later that the government had suppressed material, exculpatory evidence that Hazel had a powerful, personal motive to commit the murder as revenge for the murder of Hazel’s brother. By contrast, at trial, the government presented no evidence that petitioner had a motive to commit the crime. The questions presented are: 1. Whether the government violated its obligations under Brady v. Maryland by suppressing evidence showing that the leading alternate suspect had a powerful motive to murder the decedent. 2. Whether the trial court erred by concluding that multiple post-trial confessions by the leading alternate suspect would not have been admissible as statements against penal interest, and therefore, did not provide grounds for a new trial.

Docket Entries

2019-01-07
Petition DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-19
Reply of petitioner Gregory Brice filed. (Distributed)
2018-12-04
Brief of respondent United States in opposition filed.
2018-11-21
Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
2018-11-20
Motion to extend the time to file a response from November 23, 2018 to December 5, 2018, submitted to The Clerk.
2018-11-05
Motion to extend the time to file a response is granted and the time is further extended to and including November 23, 2018.
2018-11-01
Motion to extend the time to file a response from November 5, 2018 to November 23, 2018, submitted to The Clerk.
2018-10-04
Motion to extend the time to file a response is granted and the time is further extended to and including November 5, 2018.
2018-10-03
Motion to extend the time to file a response from October 5, 2018 to November 5, 2018, submitted to The Clerk.
2018-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including October 5, 2018.
2018-09-05
Motion to extend the time to file a response from September 5, 2018 to October 5, 2018, submitted to The Clerk.
2018-08-06
Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2018.
2018-08-06
Motion to extend the time to file a response from August 6, 2018 to September 5, 2018, submitted to The Clerk.
2018-07-05
Petition for a writ of certiorari filed. (Response due August 6, 2018)

Attorneys

Gregory Brice
Ilana Hope EisensteinDLA Piper LLP (US), Petitioner
Ilana Hope EisensteinDLA Piper LLP (US), Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent