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
Key Terms:
ERISA DueProcess HabeasCorpus Punishment
Latest Conference: 2019-03-15
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

Question Presented (from Petition)

QUESTIONS: PRESENTED : 1. Whether The Second Circuit's Decision That Petitioner's Second-In Time Brady Claim Is Successive Conflicts With Applicable Decisions. Of This Court? 2. 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") ? : 3. 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 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? (i) Oe HIST OF PARTIES . [X] All parties appear in the caption of the case on the cover page. ; [ ]-All parties do not appear in the caption of the case on the cover page, A listof all

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