No. 21-8016

John Edward Burr v. Denise Jackson, Warden

Lower Court: Fourth Circuit
Docketed: 2022-06-01
Status: Denied
Type: IFP
IFP
Tags: brady-v-maryland brady-violation constitutional-due-process de-novo-review due-process federal-habeas federal-review habeas-corpus postconviction state-court witness-statement
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Where the State withholds the statement of a critical witness from the state court during the postconviction adjudication of a claim under Brady v. Maryland, and does not produce the statement until years later during federal habeas proceedings under 28 U.S.C. §2254, should the federal court be required to conduct a de novo review of the Brady claim, giving no deference to the state court's findings related to this issue, and including relevant evidence developed during federal habeas proceedings?

Question Presented (OCR Extract)

QUESTION PRESENTED Where the State withholds the statement of a critical witness from the state court during the postconviction adjudication of a claim under Brady v. Maryland, and does not produce the statement until years later during federal habeas proceedings under 28 U.S.C. §2254, should the federal court be required to conduct a de novo review of the Brady claim, giving no deference to the state court’s findings related to this issue, and including relevant evidence developed during federal habeas proceedings? PARTIES TO PROCEEDINGS All parties appear in the caption of the case on the cover page. DIRECTLY

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Reply of petitioner John Edward Burr filed.
2022-07-01
Brief of respondent Denise Jackson, Warden in opposition filed.
2022-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2022)
2022-03-03
Application (21A463) granted by The Chief Justice extending the time to file until May 27, 2022.
2022-02-28
Application (21A463) to extend the time to file a petition for a writ of certiorari from March 28, 2022 to May 27, 2022, submitted to The Chief Justice.

Attorneys

Denise Jackson, Warden, Central Prison, Raleigh, NC
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent
John Edward Burr
James P. Cooney IIIWomble Bond Dickinson (US) LLP, Petitioner
James P. Cooney IIIWomble Bond Dickinson (US) LLP, Petitioner