No. 23-7736

Clarence Mack v. Margaret Bradshaw, Warden

Lower Court: Sixth Circuit
Docketed: 2024-06-17
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254d2 brady-napue-claims brady-violation capital-punishment capital-trial habeas-corpus informant-testimony informant-witness napue-violation prosecutor-deal prosecutorial-misconduct unreasonable-determination
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

When the existence of at least an informal, tacit, or unspoken deal between the prosecutor and his star informant-witness in a capital trial is self-evident from the postconviction record and is beyond any fairminded dispute, is the state court's rejection of a Brady/Napue claim, arising from the prosecutor's undisputed failure to disclose that deal, based upon an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2) when the rejection was premised on the state court's conclusion that the deal had not been sufficiently proven?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner was tried in Ohio in 1991 for an aggravated murder committed during a carjacking allegedly perpetrated by two men. The State’s entire case against Petitioner was based on testimony of an informant who was believed to have been involved in the crime and whose story against Petitioner evolved and expanded, to include new damaging claims, as the trial approached and after attending a private “trial preparation” session with the prosecutor. At the time the informant testified, he was himself facing his own felony prosecution by the same prosecutor’s office; yet, in his trial testimony, he denied any deal or expectation of one in exchange for his testimony. The prosecutor likewise denied a deal and failed to disclose one. Many years after Petitioner was convicted and sentenced to death on the informant’s testimony, it was discovered in federal habeas that the prosecutor did indeed have at least an informal, tacit, or unspoken deal with the informant; the deal was evidenced in a “smoking gun” document which showed that, on the very day the trials of Petitioner and his co-defendant concluded, the prosecutor intervened in the informant’s felony case to request it be “continued” for “further investigation”; the informant’s case was later dismissed. Nonetheless, in denying Petitioner’s Brady/ Napue claims based in part on the undisclosed deal, the state courts in postconviction found that the deal had not been proven, and the federal habeas courts deferred under AEDPA to that unreasonable conclusion. Two questions are presented: (1) When the existence of at least an informal, tacit, or unspoken deal between the prosecutor and his star informant-witness in a capital trial is self-evident from the postconviction record and is beyond any fairminded dispute, is the state court’s rejection of a Brady/Napue claim, arising from the prosecutor’s i undisputed failure to disclose that deal, based upon an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2) when the rejection was premised on the state court’s conclusion that the deal had not been sufficiently proven? (2) When the evidence suppressed from Petitioner at his 1991 capital murder trial is found to also include the prosecutor’s undisclosed deal with his star witness and the star witness’ false denials of that deal, does the totality of the State’s suppressions, considered cumulatively as required by this Court’s precedent, entitle Petitioner to habeas relief on his Brady/Napue cla

Docket Entries

2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2024-08-16
Brief of Margaret Bradshaw, Warden in opposition submitted.
2024-08-16
Brief of respondent Margaret Bradshaw, Warden in opposition filed.
2024-06-21
Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2024.
2024-06-20
Motion to extend the time to file a response from July 17, 2024 to August 16, 2024, submitted to The Clerk.
2024-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2024)
2024-04-22
Application (23A945) granted by Justice Kavanaugh extending the time to file until June 14, 2024.
2024-04-18
Application (23A945) to extend the time to file a petition for a writ of certiorari from May 15, 2024 to June 14, 2024, submitted to Justice Kavanaugh.

Attorneys

Clarence Mack
Timothy Farrell Sweeney — Petitioner
Timothy Farrell Sweeney — Petitioner
Margaret Bradshaw, Warden
Michael Jason HendershotOhio Attorney General's Office, Respondent
Michael Jason HendershotOhio Attorney General's Office, Respondent