No. 20-1608

North Carolina v. Norfolk Junior Best

Lower Court: North Carolina
Docketed: 2021-05-18
Status: Denied
Type: Paid
Tags: alternate-suspects appellate-review bloody-fingerprint brady-v-maryland brady-violation criminal-procedure due-process materiality materiality-analysis post-conviction post-conviction-review
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does an appellate court violate the core principles of Brady in post-conviction review

Question Presented (OCR Extract)

QUESTION PRESENTED In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. The question presented is: Does an appellate court violate the core principals of Brady in post-conviction review where in its materiality analysis it disregards both evidence clearly available at the time of trial and also its own prior opinion on direct appeal where it held that defendant’s identity as the perpetrator of the crime was established by his bloody fingerprint on the knife found under one of the victim’s bodies? RELATED CASES State v. Best, 93 CRS 2621-22 (26 April 2016), Superior Court of Columbus County, North Carolina. Judgment entered April 26, 2016. State v. Best, No. 300A93-3, Supreme Court of North Carolina. Judgment entered December 18, 2020.

Docket Entries

2021-10-04
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2021-10-04
Petition DENIED.
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Brief of respondent Norfolk Best in opposition filed.
2021-07-19
Motion for leave to proceed in forma pauperis filed by respondent Norfolk Best.
2021-06-04
Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2021.
2021-05-25
Motion to extend the time to file a response from June 17, 2021 to July 19, 2021, submitted to The Clerk.
2021-05-14
Petition for a writ of certiorari filed. (Response due June 17, 2021)

Attorneys

Norfolk Best
Ivy Alexandra JohnsonThe Center for Death Penalty Litigation, Respondent
State of North Carolina
Jonathan Porter BabbAttorney General's Office, Petitioner