No. 19-6612

Jerome Small v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness
Key Terms:
SocialSecurity Securities
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Is there four (4) prongs to establishing a Brady claim?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Is their four (4) prongs to establishing a Brady claim ? . Is the burden on the defense to’ scavage for Brady material to show due diligence ? Is a Brady violation one of timelyness ? “If a prosecuting attorney agrees to dismiss remaining charges with a star witness that is apart of a plea agreement, do they have to turn that information over ? If a prosecuting attorney agrees to dismiss remaining charges should that information be within the frame work of the plea agreement ? Did the PCRA Court Abuse it's discression when they failed to address the issue raised before them ?° Did the Appellate Court Abuse it's discression when they ruled that they would not remand: to the PCRA Court for correction, and when they ruled that the issue was previously litigated ? Is a issue that was raised, but the merits of the claim was never ruled upon, is it deemed previously litigated ? . . ; “ dii ee z

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent Pennsylvania to respond filed.
2019-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)
2019-07-31
Application (19A128) granted by Justice Alito extending the time to file until October 31, 2019.
2019-07-24
Application (19A128) to extend the time to file a petition for a writ of certiorari from September 16, 2019 to October 31, 2019, submitted to Justice Alito.

Attorneys

Jermone Small
Jerome Small — Petitioner
Jerome Small — Petitioner
Pennsylvania
John Francis Xavier ReillyDelaware County District Attorney's Office, Respondent
John Francis Xavier ReillyDelaware County District Attorney's Office, Respondent