No. 22-5560

Tyrone Learone McCurdy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-09-13
Status: Denied
Type: IFP
IFP
Tags: brady-disclosure brady-violation criminal-procedure due-process perjury prosecutorial-misconduct right-to-fair-trial witness-tampering witness-testimony
Latest Conference: 2022-11-10
Question Presented (from Petition)

I. IF THE PROSECUTOR MAKES A PRETRIAL OFFER OF LENIENCY TO A WITNESS
IN EXCHANGE FOR THAT WITNESSES' TESTIMONY AGAINST THE DEFENDANT,
AND THE WITNESS REFUSES THE OFFER, YET TESTIFIES AT THE DEFENDANTS
TRIAL THAT THE PROSECUTOR MADE NO OFFERS. HAS THE PROSECUTOR SUBORN
ED PERJURY?>

II. IF A PROSECUTOR MAKES A PRETRIAL OFFER OF LENIENCY TO A WITNESS IN
EXCHANGE FOR THAT WITNESSES' TESTIMONY AGAINST THE DEFENDANT, AND
SUPPOSING THE WITNESS REFUSES THE OFFER, DOES THE PROSECUTOR HAVE
AN OBLIGATION UNDER BRADY TO DISCLOSE THAT PRETRIAL OFFER?

Question Presented (AI Summary)

Has the prosecutor suborned perjury?

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-26
DISTRIBUTED for Conference of 11/10/2022.
2022-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2022)

Attorneys

Tyrone L. McCurdy
Tyrone Learone McCurdy — Petitioner