No. 18-5938

Mark David Bailey v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2018-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation constitutional-error criminal-procedure due-process evidence expert-evidence habeas-corpus sixth-amendment sixth-circuit-review suppression-of-evidence
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist's lay disagreement with the expert's conclusions?

Question Presented (from Petition)

QUESTIONS PRESENTED Mark Bailey was convicted of a cold-case murder and sentenced to life in prison after a trial that suffered from multiple constitutional errors. At trial, the court inexplicably excluded evidence that someone else had committed the murder. This evidence including the FBI’s expert conclusion that the same killer had murdered another woman a decade before, when Mr. Bailey was only 10 years old. Additionally, the State suppressed fingerprint analysis that exonerated Mr. Bailey of the earlier murder—and, by extension, the later murder. The Sixth Circuit determined that the State suppressed favorable material, prejudicing Mr. Bailey. Nonetheless, the Sixth Circuit overturned the grant of habeas corpus, determining that this constitutional violation was not unreasonable. Accordingly, this case presents two questions: 1.) Can a fairminded jurist exclude expert evidence indicating that someone else committed a murder based solely on the jurist’s lay disagreement with the expert’s conclusions? 2.) Can a fairminded jurist conclude that the State’s suppression of the exonerating fingerprint analysis failed to violate Brady? i

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2018-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2018)
2018-06-29
Application (18A3) granted by Justice Kagan extending the time to file until August 23, 2018.
2018-06-21
Application (18A3) to extend the time to file a petition for a writ of certiorari from June 24, 2018 to August 23, 2018, submitted to Justice Kagan.

Attorneys

Mark David Bailey
Helen C. NieuwenhuisFederal Public Defenders Office Western District of Michigan, Petitioner
Helen C. NieuwenhuisFederal Public Defenders Office Western District of Michigan, Petitioner
Noah Nagy, Warden
Aaron David LindstromMichigan Department of Attorney General, Respondent
Aaron David LindstromMichigan Department of Attorney General, Respondent