No. 21-7305

Steven Bryant v. Shawn Emmons, Warden

Lower Court: Georgia
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure false-testimony habeas-corpus ineffective-assistance plea-deal prosecutorial-misconduct strickland-standard strickland-v-washington witness-testimony
Key Terms:
DueProcess Patent
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Where the state's only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify against the defendant to avoid a severe sentencing outcome; where the co-defendant failed to mention the deal when asked why she pled guilty; where counsel failed to use available information about the deal to correct the false and misleading impression left with the jury that the state had no deal with its key witness, Was it error under Strickland v. Washington, 466 U.S. 668 (1984), for the Georgia Supreme Court to reject Petitioner's ineffective assistance claim on the basis of trial counsel's post-hoc rationale that he did not want to 'beat [the witness] up' about the plea deal for his failure to present evidence of the co-defendant's deal?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Where the state’s only eyewitness and linchpin of its case, the co-defendant, struck a deal whereby she would plead to a lesser offense and testify against the defendant to avoid a severe sentencing outcome; where the co-defendant failed to mention the deal when asked why she pled guilty; where counsel failed to use available information about the deal to correct the false and misleading impression left with the jury that the state had no deal with its key witness, Was it error under Strickland v. Washington, 466 U.S. 668 (1984), for the Georgia Supreme Court to reject Petitioner’s ineffective assistance claim on the basis of trial counsel’s post-hoc rationale that he did not want to “beat [the witness] up” about the plea deal for his failure to present evidence of the co-defendant’s deal?

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-10
Waiver of right of respondent Shawn Emmons to respond filed.
2022-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)
2022-01-11
Application (21A311) granted by Justice Thomas extending the time to file until March 2, 2022.
2022-01-06
Application (21A311) to extend the time to file a petition for a writ of certiorari from January 31, 2022 to April 1, 2022, submitted to Justice Thomas.

Attorneys

Shawn Emmons
Stephen John PetranyGeorgia Dept. of Law; Solicitor General's Office, Respondent
Steven Bryant
Brian S. KammerMercer Habeas Project, Petitioner