No. 21-6804

Timothy Wayne Kemp v. Arkansas

Lower Court: Arkansas
Docketed: 2022-01-10
Status: Denied
Type: IFP
IFP
Tags: brady-v-maryland brady-violation cone-v-bell criminal-procedure due-process materiality materiality-standard prejudice prosecutorial-misconduct supreme-court-precedent
Key Terms:
Punishment
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in conflict with this Court's decision in Cone v. Bell

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the October 7, 2021 decision of the Arkansas Supreme Court, finding that Timothy Kemp was not prejudiced under Brady v. Maryland, was in conflict with this Court’s decision in Cone v. Bell where, in the words of the Arkansas court, “there is no prejudice under Brady and no reasonable probability that the outcome of the trial would have been different had defense counsel been provided with the evidence,” but where that court did not distinguish between materiality of evidence with respect to guilt and materiality of evidence with respect to punishment, an omission which this Court has deemed “significant”? i PARTIES The caption contains the names of all parties. ii

Docket Entries

2022-05-16
Petition DENIED.
2022-04-21
DISTRIBUTED for Conference of 5/12/2022.
2022-04-21
Reply of petitioner Timothy Kemp filed. (Distributed)
2022-04-07
Brief of respondent Arkansas in opposition filed.
2022-01-25
Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2022. See Rule 30.1.
2022-01-24
Motion to extend the time to file a response from February 9, 2022 to April 10, 2022, submitted to The Clerk.
2022-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)

Attorneys

State of Arkansas
Vada BergerAR Attorney General's Office, Respondent
Timothy Kemp
Julie Pitt VandiverArkansas Federal Defender Office, Petitioner