No. 21-6519

Jesse Driskill v. Missouri

Lower Court: Missouri
Docketed: 2021-12-06
Status: Denied
Type: IFP
IFP
Tags: brady-violation brady-violations constitutional-claims constitutional-review due-process evidence-destruction factual-findings independent-review prosecutorial-misconduct state-misconduct witness-testimony
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether Missouri's verbatim adoption of the prosecution's factually deficient findings without independent review fails to provide adequate due process review of constitutional claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether Missouri’s verbatim adoption of the prosecution’s factually deficient findings without independent review — contrary to Jefferson v. Upton, 560 U.S. 284 (2010) — fails to provide adequate due process review of constitutional claims, including alleged Brady violations. II. Whether Missouri upends Brady’s disclosure requirements and violates due process by permitting nondisclosure of the state’s tacit agreement with its own witness to eliminate the remainder of his prison sentence following his testimony, while allowing the witness to deny this deal at trial. II. Whether Missouri’s added requirement to show “purpose to deprive” or “official animus” before sanctioning the state’s destruction of hair and fiber evidence found in a victim’s hand but not matching the defendant and having an exculpatory value apparent to law enforcement is contrary to California v. Trombetta, 467 U.S. 479 (1984), and violates due process.

Docket Entries

2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-07
Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2022.
2022-02-07
Brief of respondent Missouri in opposition filed.
2022-02-04
Motion to extend the time to file a response from February 4, 2022 to February 7, 2022, submitted to The Clerk.
2021-12-16
Motion to extend the time to file a response is granted and the time is extended to and including February 4, 2022.
2021-12-14
Motion to extend the time to file a response from January 5, 2022 to February 4, 2022, submitted to The Clerk.
2021-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2022)

Attorneys

Jesse Driskill
Amy Marie BartholowMissouri State Public Defender System, Petitioner
Amy Marie BartholowMissouri State Public Defender System, Petitioner
Missouri
Daniel N. McPhersonAssistant Attorney General, Respondent
Daniel N. McPhersonAssistant Attorney General, Respondent