No. 19-7476

Timothy Wayne Kemp v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2020-01-29
Status: Denied
Type: IFP
Amici (1)IFP
Tags: brady-rule brady-violation criminal-procedure death-penalty discovery due-process eighth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-investigation procedural-default professional-standards
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Must a court consider prevailing professional norms when determining whether a life history investigation was 'thorough?

Question Presented (OCR Extract)

Question Presented No. 1 The district court found that the jury would have spared Kemp’s life had it known the full circumstances of his “horrible” upbringing. The Eighth Circuit did not disagree. Yet that court found trial counsel’s mitigation investigation—the sum total of which consisted of four witness interviews and collection of a set of school records—to be “thorough.” In finding that counsel’s performance was constitutionally sufficient, the Eighth Circuit ignored voluminous evidence showing that the mitigation investigation fell short of prevailing professional standards during the 1990s, when this case was tried. The question presented is: Must a court consider prevailing professional norms when determining whether a life history investigation was “thorough”? Question Presented No. 2 Was an appeal warranted on the district court’s procedural rulings which faulted Kemp for the late development of his Brady/Napue claims when the State had hidden the necessary facts in a “work product” file first disclosed through discovery in federal habeas? i

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-24
Reply of petitioner Timothy Kemp filed. (Distributed)
2020-04-13
Brief of respondent Dexter Payne in opposition filed.
2020-02-27
Brief amicus curiae of American Bar Association filed.
2020-02-03
Motion to extend the time to file a response from February 28, 2020 to April 13, 2020, submitted to The Clerk.
2020-02-03
Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2020.
2020-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2020)
2019-11-06
Application (19A501) granted by Justice Gorsuch extending the time to file until January 27, 2020.
2019-11-04
Application (19A501) to extend the time to file a petition for a writ of certiorari from November 26, 2019 to January 25, 2020, submitted to Justice Gorsuch.

Attorneys

American Bar Association
Judy Perry MartinezSimon Peragine et al., Amicus
Dexter Payne
Vincent Moore WagnerOffice of the Arkansas Attorney General, Respondent
Timothy Kemp
Julie Pitt VandiverArkansas Federal Defender Office, Petitioner