No. 22-6310

Terence Sandy McCray v. Michael Capra, Superintendent, Sing Sing Correctional Facility

Lower Court: Second Circuit
Docketed: 2022-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa antiterrorism-and-effective-death-penalty-act brady-disclosure brady-v-maryland criminal-procedure due-process evidence-disclosure pennsylvania-v-ritchie psychiatric-records second-circuit-court-of-appeals
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

When a trial court reviews complainant's psychiatric records for Brady material, must it disclose all records that may affect the outcome, or can it release a non-representative sample?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When a trial court in a criminal case reviews the complainant’s psychiatric records for Brady material as required by Pennsylvania v. Ritchie, 480 U.S. 39 (1987) and its progeny, may it satisfy its Brady obligation by releasing an incomplete non-representative “sample” of those records which excludes the very information most useful to the defense, or is it required, as this Court stated in Ritchie, to disclose any and all records which “may” affect the outcome of the case? 2. Is the aforesaid “sampling” procedure an unreasonable application of Brady v. Maryland, 373 U.S. 83 (1963), Ritchie, and their progeny, within the meaning of the Antiterrorism and Effective Death Penalty Act “AEDPA”)? 3. Was the decision of the Second Circuit Court of Appeals in all respects properly made? -i

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-16
Waiver of right of respondent Michael Capra, Superintendent, Sing Sing to respond filed.
2022-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2023)

Attorneys

Michael Capra, Superintendent, Sing Sing
Nikki KowalskiNew York Attorney General's Office, Respondent
Terence Sandy McCray
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner