No. 18-7792

Anthony Donato v. United States

Lower Court: Second Circuit
Docketed: 2019-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-standard antiterrorism-and-effective-death-penalty-act brady-violation brady-violation-disclosure circuit-court-split constitutional-disclosure constitutional-due-process due-process federal-review habeas-corpus prosecutorial-misconduct second-circuit-decision second-or-successive successive-habeas-petition
Latest Conference: 2019-03-15
Question Presented (from Petition)

Whether The Second Circuit's Decision That Petitioner's Second-In Time Brady Claim Is Successive Conflicts With Applicable Decisions Of This Court?

Whether The Second Circuit's Decision Used A Standard Which Conflicts With That Used In Other Circuits And Is More Restrictive Than That Permitted By The Antiterriorism and Effective Death Penalty Act ("AEDPA")?

What Remedy Is Available For A Second-In-Time Collateral Claim Based On A Newly Revealed Actionably Brady Violation Which Does Not Satisfy One Of AEDPA's Gatekeeping Criteria For Second-Or-Successive Motions, When Foreclosing Federal Review Would Encourage Prosecutors To Continue To Withhold Constitutionally Required Evidentiary Disclosures Long Enough That Verdicts Obtained As A Result Of Government Misconduct Would Be Insulated From Review, As Well As Reward Prosecutors For Failing To Meet Their Constititional Obligations Under Brady?

Question Presented (AI Summary)

Whether the Second Circuit's decision that petitioner's second-in-time Brady claim is successive conflicts with applicable decisions of this Court

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Waiver of right of respondent United States to respond filed.
2019-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2019)

Attorneys

Anthony Donato
Anthony Donato — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent