No. 24-6032

Robert Gene Rega v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2024-11-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: brady-violation federal-review habeas-corpus presumption-of-correctness state-court-findings witness-cooperation
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-02-28 (distributed 2 times)
Question Presented (AI Summary)

Does the decision below, which misstates and fails to afford any presumption of correctness to a state court's factual findings in a habeas case, warrant summary reversal?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has summarily reversed when a federal court failed to afford “a presumption of correctness” to a state court’s factual findings in a habeas case. See Burden v. Zant, 498 U.S. 433, 436-38 (1991) (per curiam). In this habeas case, a state court found that a prosecutor had assured four Commonwealth witnesses that he would “maintain[] the possibility for later negotiation based on the witnesses’ cooperation.” Pet. App. 150a (footnote omitted). All four witnesses had faced their own charges and played a central role at Petitioner’s trial. A federal district court presumed the correctness of the state court’s fact-finding but concluded that the state court did not violate 28 U.S.C. § 2254(d) by denying Petitioner’s claims under Brady v. Maryland, 373 U.S. 88 (1963), and Napue v. Illinois, 360 U.S. 264 (1959). The Third Circuit affirmed on different grounds. It read the state court to have found that the prosecutor had maintained “the possibility for later negotiation” with only one witness “based on the witness[’s] cooperation.” See Pet. App. 10a—1la (quoting Pet. App. 150a) (alteration in Third Circuit’s opinion). The question presented is: Does the decision below, which misstates and fails to afford any presumption of correctness to a state court’s factual findings in a habeas case, warrant summary reversal? i

Docket Entries

2025-03-03
Petition DENIED.
2025-02-13
DISTRIBUTED for Conference of 2/28/2025.
2025-02-11
Reply of Robert Gene Rega submitted.
2025-02-11
Reply of petitioner Robert Gene Rega filed. (Distributed)
2025-01-27
Brief of Secretary, Pennsylvania Department of Corrections, et al. in opposition submitted.
2025-01-27
Brief of respondent Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. in opposition filed.
2024-12-26
Response Requested. (Due January 27, 2025)
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-04
Waiver of right of respondent Secretary, Pennsylvania Department of Corrections, et al. to respond filed.
2024-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2024)

Attorneys

Robert Gene Rega
Sonali ShahiFederal Community Defender Office Eastern Dist. PA, Petitioner
Sonali ShahiFederal Community Defender Office Eastern Dist. PA, Petitioner
Secretary, Pennsylvania Department of Corrections, et al.
Jeffrey D. BurkettJefferson County District Attorney, Respondent
Jeffrey D. BurkettJefferson County District Attorney, Respondent