No. 22-5319

Gary Lee Rollins v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

Lower Court: West Virginia
Docketed: 2022-08-09
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: brady-v-maryland brady-violation due-process immunity-agreement napue-v-illinois napue-violation prosecutorial-misconduct witness-credibility
Key Terms:
HabeasCorpus
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (AI Summary)

Does a court commit prejudicial error under Brady v. Maryland and Napue v. Illinois when it makes erroneous factual findings and unreasonable legal conclusions regarding a suppressed immunity agreement?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Under the Due Process Clause of the U.S. Constitution’s 14° Amendment, does a court reviewing a criminal defendant’s claims under Brady v. Maryland and Napue v, Illinois commit prejudicial error when it: A. — makes a clearly erroneous factual finding that a suppressed immunity agreement was not consummated, given significant evidence indicating otherwise? B. makes an unreasonable legal conclusion that the prosecuting attorney did not err when they bolstered the credibility of a witness and mislead the jury by eliciting false evidence that no immunity agreement existed between the prosecution and the witness? , i

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-12-01
Reply of petitioner Gary Lee Rollins filed. (Distributed)
2022-11-15
Brief of respondent Donnie Ames, Superintendent, Mount Olive Correctional Complex in opposition filed.
2022-09-30
Motion to extend the time to file a response is granted and the time is extended to and including November 17, 2022.
2022-09-28
Motion to extend the time to file a response from October 27, 2022 to November 17, 2022, submitted to The Clerk.
2022-09-27
Response Requested. (Due October 27, 2022)
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2022)

Attorneys

Donnie Ames, Superintendent, Mount Olive Correctional Complex
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Gary Lee Rollins
Jeremy Benjamin CooperBlackwater Law PLLC, Petitioner
Jeremy Benjamin CooperBlackwater Law PLLC, Petitioner
Gary Lee Rollins — Petitioner
Gary Lee Rollins — Petitioner