No. 19-8110

DeVinche Javon AlBritton v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2020-03-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adequate-state-ground brady-v-maryland brady-violation due-process federal-habeas habeas-corpus procedural-default prosecutorial-misconduct public-records state-procedural-ground
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Does the availability in Public Records qualify as an Independent or Adequate State procedural ground to bar a State prisoner's claim of prosecutorial misconduct in violation of (Brady v. Maryland, 373 U.S. 83 (1963)) from receiving §2254 Federal Habeas review and relief?

Question Presented (OCR Extract)

QUESTIONS PRESENTED , (1) Does the availability in Public Records qualify as an Indeperident or Adequate State procedural ground to bar a State prisoner's éladm of prosecutorial misconduct in violation of >(Brady v. Maryland, 373-U.S. 83 (1963)) from recieving §2254 Federal Habeas review and relief? : (9510-13) (33 Does the AntiTerrorism and Effective Death Penalty: Aét*o0f£1996-~ -(AEDPA)'s deferential standard of review under §2254(d) apply to a State Supreme Court's decision to procedurally bar a state prisoner's ; Brady prosecutorial misconduct claim raised in the state's initial-ceview collateral proceeding which alleges the misconduct and Brady : violation based on "Newly Discovered Evidence" from §2254 Federal Habeas review and relief? (p98. 14-25), (3) Did the presumption of correctness under §2254(e) apply toa. . ~ decision of a State's Highest Court whichjdirectly conflicts with and contravenes this Court's decision (Amadeo v. Zant, 486 U.S. 214 (1988) regarding a State'criminal prosecution's Constitutional duty and legal obligations to disclose Brady material available in public records ? | (79° 26-47) (4) Should the "equitable" rule exception established by this Court's desision(s) ( Martinez v. Ryan, 566.U.S. 1 (2012) and Trevino v.-Thaler,i133 S.Ct. 1911 (2013)),be extended to also include and apply to a State prisoner's Brady prosecutorial misconduct claim based on ; "Newly Discovered" evidence uncovered during post-conviction proceedings ? (5528-23) cf? ii QUESTIONS PRESENTED (Cont) (5) Should a Federal Habeas Court be Constitutionally required under 9820: $20. t§2254(e) to conduct an independent materiality analysis of "Newly Discovered" Brady material as prescribed by this Court's priori decision( (Kyles v. Whitley, 514 U.S. 419 (1995))in performing a de novo review of a state prisoner's Brady prosecutorial misconduct claim for a reasonable determination of the "prejudice" element caused by the Brady violation °(pg9 24~25) (6)bDoes a State's Criminal prosecution violate a prisoner's Access to ‘the Courts, Equal Protection, and Due Process Rights under the ist,and 44th Amendments U.S. Constitution when it denies and/or refused a Self-Represented prisoner's Brady disclosure requests during their stut . State criminal trial as the prisoner is being held in the State's custody as a segregated prisoner pending trial (Ras 26-27) : (7) Did the Fourth Circuit Court of Appeals and the Lower District. Court err under 28 U,SGC. §2254(e) in refusing to Grant Petitioner's request for an Evidentiary Hearing upon his "Newly Discovered" Brady Evidence after his establishment of the State Government's suppression and interference as "cause" to excuse the State's asserted procedural default rule used to bar §2254 Federal Habeas review and relief 7 (8) Did the Fourth Circuit Court of Appeals and Lower District Court ; err in Ghrantingtthe State Government's motion to dismiss Petitioner's motion to compel the State's prison offieials to allow petitioner the right to recieve ‘his relevant iegal documents and trial transcripts from his family throughtthe prison's legal mailing system for his pending Federal Habeas proceedings without allowing theipetitioner the . opportunity to file any responsive pleading thereto * (page 30) _ QUESTIONS PRESENTED (Cont) . (9) Did the Fourth Circuit Court of Appeals err in refusing to apply _ this Courtss ruling in (Ayestas v. Davis,5518 U.S. -_, 200 L.ED.2D~376 (2018) in its determination of Petitioner's funding request under —_ 18 U.S.C. §3599(f) to obtain investigative services for his 'Newly. -Discovered" Brady prosecutorial misconduct evidence which would have established his entitlement to Federal Habeas relief “(pase 31) . waa EEE SESS TIST OF PARTIES / real All parties appear in the caption of the case on the cover page. == Alb inthe caption of the-case on the cover page Alist of ——— all

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-04-02
Waiver of right of respondent Clarke, Dir., VA DOC to respond filed.
2020-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2020)
2019-12-27
Application (19A711) granted by The Chief Justice extending the time to file until February 28, 2020.
2019-12-04
Application (19A711) to extend the time to file a petition for a writ of certiorari from December 30, 2019 to February 28, 2020, submitted to The Chief Justice.

Attorneys

Clarke, Dir., VA DOC
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent
DeVinche J. AlBritton
DeVinche AlBritton — Petitioner
DeVinche AlBritton — Petitioner