No. 19-7274

Gregory Bartko v. United States

Lower Court: Fourth Circuit
Docketed: 2020-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence brady-v-maryland brady-violation due-process exculpatory-evidence habeas-corpus impeachment-evidence perjured-testimony prosecutorial-misconduct wearry-v-cain witness-testimony
Key Terms:
DueProcess FifthAmendment HabeasCorpus Securities
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Did the lower courts err in failing to properly review and conclude that the prosecution's withholding of exculpatory and impeachment evidence favorable to Bartko's defense, coupled with the conscious presentation of false or perjured testimony from the Government's principal witness, could have resulted in a reasonable likelihood of a different result sufficient to undermine confidence in the outcome of Bartko's trial, contrary to Brady v. Maryland, 373 U.S. 83 (1963) and Wearry v. Cain, 136 S. Ct. 1002 (2016)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW. The questions presented are: I. Did the lower courts err in failing to properly review and conclude that the prosecution’s withholding of exculpatory and impeachment evidence favorable to Bartko's defense, coupled with the conscious presentation of false or perjured testimony from the Government’s principal witness, could have resulted in a reasonable likelihood of a different result sufficient to undermine confidence in the outcome of Bartko's trial, contrary to Brady v. Maryland, 373 U.S. 83 (1963) and Wearry v. Cain, 136 S. Ct. 1002 (2016)? Il. Did the lower courts err in failing to find that the Government's knowing, or reckless, presentation of the false and/or perjured testimony at trial of the Government's principal witness violated Bartko's rights to Due Process and this Court's decision in Napue v. Illinois, 360 U.S. 264 (1959), and that the Government's presentation of this evidence prejudiced Bartko's defense? II. Did the lower courts err in failing to properly assess Bartko's gateway claim of actual innocence, considering the district court's errors of law in determining Bartko's Supplemental Brady Claims to be untimely under 28 U.S.C. § 2255(f)(1), but failing to consider the timeliness of the claims under 28 U.S.C. § 2255(f)(4), and considering the district court's summary repudiation of the sworn recantation statements given by the Government's key trial witness? i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondent United States to respond filed.
2020-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2020)

Attorneys

Gregory Bartko
Donald F. SamuelGarland & Samuel, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent