No. 19-5569

Gary L. Brown v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment actual-innocence constitutional-rights criminal-procedure dna-evidence due-process judicial-review wrongful-conviction
Key Terms:
Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the lower courts erred in denying the petitioner due process by prohibiting him from proving his actual innocence

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. THIS IS AN EXCEPTIONAL CASE. THE PETITIONER WAS CONVICTED OF MURDER IN CHESTER COUNTY, PENNSYLVANIA. {This™~incident evolved from a drug deal gone bad, in Chester County, Pa-). THE MURDER WAS CONFESSED TO BY DARYL GLASCO, WHO STATED HE DID ACT ALONE AND THAT HE WAS ALONE WHEN HE SHOT AND KILLED BOTH i OF THE BROWN REQUESTED THE COMMONWEALTH PROVIDE FOR A DNA TEST/ANALYSIS ON EXCULPATORY EVIDENCE THAT WOULD PROVE HIS INNOCENCE. THE COMMONWEALTH DENIED THE MOTION _ ‘AND THE APPELLATE COURTS REFUSED TO GRANT RELIEF ON APPEAL. THE LOWER COURTS DID ERROR AND DENIED THE PETITIONER DUE PROCESS (5TH & 14TH AMENDMENT) PROHIBITING THE PETITIONER-TO PROVE-THAT HE IS ACTUALLY INNOCENT. [iii] : "

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Waiver of right of respondent Pennsylvania to respond filed.
2019-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2019)

Attorneys

Gary L. Brown
Gary L. Brown — Petitioner
Gary L. Brown — Petitioner
Pennsylvania
Nicholas J. Casenta Jr. — Respondent
Nicholas J. Casenta Jr. — Respondent