No. 22-77
Tags: brady-disclosure brady-v-maryland criminal-evidence criminal-procedure due-process exculpatory-evidence favorable-evidence material-evidence materiality-standard third-party-confession
Key Terms:
Punishment
Punishment
Latest Conference:
2023-03-31
(distributed 7 times)
Question Presented (AI Summary)
Whether a defendant's due process rights are violated when another person's confession stating that he and someone else committed the criminal act, without mentioning the defendant, is not disclosed as favorable and material evidence under Brady v. Maryland
Question Presented (OCR Extract)
QUESTION PRESENTED Where a defendant denies participating in a particular criminal act, is another person’s confession stating that he and someone else committed the act— without mentioning the defendant—favorable and material evidence under Brady v. Maryland, 373 U.S. 83 (1963)?
Docket Entries
2023-04-06
Record returned to the Supreme Court of Louisiana (7 boxes).
2023-04-03
Petition DENIED. Justice Jackson, with whom Justice Sotomayor and Justice Kagan join, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-77_nmio.pdf'>Opinion</a>)
2023-04-03
Motion for leave to file amici brief filed by Current and Former Prosecutors, et al. GRANTED.
2023-03-27
DISTRIBUTED for Conference of 3/31/2023.
2023-03-20
DISTRIBUTED for Conference of 3/24/2023.
2023-03-13
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
DISTRIBUTED for Conference of 3/3/2023.
2023-02-21
DISTRIBUTED for Conference of 2/24/2023.
2023-01-11
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Record received from the Supreme Court of Louisiana (7 boxes).
2022-10-18
Record Requested.
2022-10-12
Reply of petitioner David Brown filed. (Distributed)
2022-10-12
DISTRIBUTED for Conference of 10/28/2022.
2022-09-26
Brief of respondent Louisiana in opposition filed.
2022-08-26
Brief amici curiae of the National Association of Criminal Defense Lawyers filed.
2022-08-26
Motion for leave to file amici brief filed by Current and Former Prosecutors and Department of Justice Officials.
2022-08-02
Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
2022-08-01
Motion to extend the time to file a response from August 26, 2022 to September 26, 2022, submitted to The Clerk.
2022-07-25
Petition for a writ of certiorari filed. (Response due August 26, 2022)
2022-06-16
Application (21A821) granted by Justice Alito extending the time to file until July 23, 2022.
2022-06-09
Application (21A821) to extend the time to file a petition for a writ of certiorari from June 23, 2022 to July 23, 2022, submitted to Justice Alito.
Attorneys
Current and Former Prosecutors and Department of Justice Officials
David Brown
Jeffrey L. Fisher — O'Melveny & Myers LLP, Petitioner
Jeffrey L. Fisher — O'Melveny & Myers LLP, Petitioner
Louisiana
Juliet L. Clark — Assistant District Attorney, Respondent
Juliet L. Clark — Assistant District Attorney, Respondent
The National Association of Criminal Defense Lawyers
Jeffrey T. Green — Sidley Austin, Amicus
Jeffrey T. Green — Sidley Austin, Amicus