No. 19-7476
Timothy Wayne Kemp v. Dexter Payne, Director, Arkansas Division of Correction
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
Latest Conference:
2020-05-15
Question Presented (from Petition)
Must a court consider prevailing professional norms when determining whether a life history investigation was "thorough"?
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?
Question Presented (AI Summary)
Must a court consider prevailing professional norms when determining whether a life history investigation was 'thorough?
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 Martinez — Simon Peragine et al., Amicus
Dexter Payne
Vincent Moore Wagner — Office of the Arkansas Attorney General, Respondent
Timothy Kemp
Julie Pitt Vandiver — Arkansas Federal Defender Office, Petitioner