No. 18-6759

Gregory L. Brown v. Shawn Hatton, Warden

Lower Court: Ninth Circuit
Docketed: 2018-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244(b) 28-usc-2244b brady-claim brady-v-maryland due-process habeas habeas-corpus habeas-petition recurring-issue second-or-successive second-successive-petition statutory-interpretation suspension-clause
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Is a claim under Brady v. Maryland brought in a second-in-time habeas petition 'second or successive' for purposes of 28 U.S.C. § 2244(b) when the claim is based on evidence not disclosed until after the first habeas petition was resolved?

Question Presented (OCR Extract)

QUESTION PRESENTED Is a claim under Brady v. Maryland, 373 U.S. 83 (1963), brought in a second-intime habeas petition “second or successive” for purposes of 28 U.S.C. § 2244(b) when the claim is based on evidence not disclosed until after the first habeas petition was resolved? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Waiver of right of respondent Hatton, Warden to respond filed.
2018-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)
2018-10-01
Application (18A331) granted by The Chief Justice extending the time to file until November 19, 2018.
2018-09-25
Application (18A331) to extend the time to file a petition for a writ of certiorari from October 18, 2018 to November 19, 2018, submitted to The Chief Justice.

Attorneys

Gregory L. Brown
Todd M. BordenOffice of the Federal Public Defender, Petitioner
Hatton, Warden
Gregory A. OttCalifornia Attorney General's Office, Respondent