No. 22-6772

Marion Bowman, Jr. v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al.

Lower Court: Fourth Circuit
Docketed: 2023-02-14
Status: Denied
Type: IFP
IFP
Tags: alternative-perpetrator brady-materiality brady-v-maryland capital-sentencing exculpatory-evidence giglio-v-united-states habeas-corpus kyles-v-whitley materiality prosecutorial-misconduct witness-credibility
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Was the Fourth Circuit's finding of no materiality of the suppressed evidence inconsistent with this Court's clearly established precedents?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Marion Bowman’s convictions and death sentence rest on the compromised testimony of three witnesses who identified Bowman as the murderer. Two—James Taiwan Gadson and Travis Felder—had significant credibility issues, as they were charged as co-defendants and testified in exchange for lenient plea agreements with which they were impeached at trial. The State, however, suppressed evidence that Gadson himself confessed to committing the murder and suffered from memory and substance abuse problems. The third key witness, Hiram Johnson, had no agreement with the State, which made his testimony the centerpiece of its case for conviction and death. While suppressing evidence that Johnson had multiple unrelated felony charges that were brought by the same prosecutor and pending at the time of his testimony, the State characterized Johnson as a friend of Bowman’s with no incentive to lie, who thus lent credibility to its impeached witnesses. The Fourth Circuit Court of Appeals correctly recognized this suppressed evidence may have benefited Bowman but, ultimately, found none of the or to his conviction or sentencing. In doing so, the Court of Appeals ignored this Court’s clearly established standards for materiality under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, requiring summary reversal. The questions presented are: 1. Was the Fourth Circuit’s finding of no materiality of the suppressed evidence that identified another person as the perpetrator and ii impeached two primary witnesses—one of whom was that alternative perpetrator—on the issue of guilt or innocence inconsistent with this Court’s clearly established precedents? 2. Was the Fourth Circuit’s finding of no materiality with respect to the capital sentencing based solely on a finding that there was sufficient evidence to prove guilt contrary to this Court’s clearly established precedents?

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-04-28
Reply of petitioner Marion Bowman, Jr. filed.
2023-04-17
Brief of respondents Bryan Stirling, et al. in opposition filed.
2023-03-03
Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2023.
2023-03-02
Motion to extend the time to file a response from March 16, 2023 to April 17, 2023, submitted to The Clerk.
2023-02-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2023)
2022-12-06
Application (22A492) granted by The Chief Justice extending the time to file until February 10, 2023.
2022-12-01
Application (22A492) to extend the time to file a petition for a writ of certiorari from December 12, 2022 to February 10, 2023, submitted to The Chief Justice.

Attorneys

Bryan Stirling, et al.
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
Marion Bowman, Jr.
Lindsey Sterling VannJustice 360, Petitioner
Lindsey Sterling VannJustice 360, Petitioner