| 25-6470 |
Jose Ferrer-Sosa v. United States |
First Circuit |
2026-01-02 |
Pending |
Response WaivedIFP |
apprendi-violation fair-trial mental-health-evidence prosecutorial-disclosure sentencing witness-competency |
Whether the right to a fair trial is violated when a judge tells the jury that the only witness to a conspiracy was competent after providing uncorrob… |
| 25-237 |
Bruce Mason v. Delaware, et al. |
Third Circuit |
2025-08-28 |
Denied |
Response Waived |
brady-violation circuit-split criminal-procedure due-process prosecutorial-disclosure witness-impeachment |
Whether the State's failure to disclose a centerpiece witness's psychiatric hospital admission constitutes a Brady violation warranting relief under d… |
| 23-6629 |
Gilbert Dean Bicknell v. United States |
Seventh Circuit |
2024-01-31 |
Denied |
Response WaivedIFP |
18-usc-3553a brady-materiality brady-v-maryland district-court-finding due-process federal-sentencing guidelines-determination judicial-discretion materiality prosecutorial-disclosure sentencing-information united-states-v-booker |
Whether the materiality analysis from Brady v. Maryland sufficiently satisfies due process when applied to federal sentencing decisions post-Booker |
| 22-6984 |
Ciaran Paul Redmond v. United States |
Ninth Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation criminal-procedure diligence-requirement due-process exculpatory-evidence legal-diligence procedurally-unrelated-case prosecutorial-disclosure unpublished-case |
Whether a defendant must show that his attorney could not have obtained undisclosed exculpatory evidence through diligence |
| 22-686 |
Crosley Alexander Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-01-24 |
Denied |
Amici (4)Response Waived |
admissibility AEDPA brady-v-maryland brady-violation comity constitutional-exhaustion federal-appellate-review federalism habeas-corpus prosecutorial-disclosure state-court-deference state-court-factfinding |
Whether a federal habeas court can redefine a state court claim to conclude it was not properly exhausted |
| 22-6085 |
Curtis Neville v. United States |
Fifth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
brady-materiality brady-v-maryland cooperating-witness credibility criminal-evidence due-process due-process-violation kyles-v-whitley material-evidence prosecutorial-disclosure witness-credibility |
Is an incentivized cooperating witness's letter material under Brady v. Maryland and Kyles v. Whitley? |
| 21-1428 |
Donald L. Blankenship v. United States |
Fourth Circuit |
2022-05-09 |
Denied |
Amici (1) |
brady-v-maryland brady-violation circuit-split criminal-procedure due-diligence due-process exculpatory-evidence prosecutorial-disclosure self-help |
Whether a defendant must show inability to obtain suppressed, exculpatory evidence through independent efforts to establish a Brady violation |
| 21-6688 |
Freddie McNeill, Jr. v. Tim Shoop, Warden |
Sixth Circuit |
2021-12-21 |
Denied |
IFP |
brady-claim brady-doctrine brady-v-maryland due-process evidence-suppression judicial-review materiality-standard prejudice prosecutorial-disclosure witness-credibility witness-reliability |
Whether a reviewing court considering a claim under Brady v. Maryland, 373 U.S. 83 (1963), must assess the reliability and credibility of the witnesse… |
| 20-7397 |
William Randolph King v. Thomas Winn, Warden |
Sixth Circuit |
2021-03-09 |
Denied |
IFP |
8th-amendment brady-violation criminal-procedure dna-evidence dna-testing due-process eighth-amendment evidence-suppression prosecutorial-disclosure prosecutorial-misconduct |
Could reasonable jurists debate whether the prosecution committed a Brady violation when it failed to disclose the prior victim's pubic hair found dur… |
| 20-6800 |
Harry Miller v. United States |
Seventh Circuit |
2021-01-08 |
Denied |
Response WaivedIFP |
brady-rule brady-v-maryland constitutional-law criminal-procedure due-process exculpatory-evidence favorable-evidence materiality prosecutorial-disclosure prosecutorial-misconduct trial-fairness |
How does a court determine whether evidence that the prosecution did not share with the defense before trial is 'favorable' under the standard announc… |
| 20-6190 |
Bradley R. Freeman v. New Mexico |
New Mexico |
2020-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct |
Does the Constitution require the prosecution to disclose favorable, material evidence of an affirmative defense before entering a plea agreement? |
| 20-5312 |
Sharrieff Brown v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2020-08-10 |
Denied |
Response WaivedIFP |
circuit-court-interpretation discovery-violations habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review prosecutorial-disclosure prosecutorial-misconduct statute-of-limitations summary-reversal |
Did the Ninth Circuit's finding of untimeliness under 28 U.S.C. § 2244(d)(1)(D) so clearly misapply the law as to call for summary reversal? |
| 19-6612 |
Jerome Small v. Pennsylvania |
Pennsylvania |
2019-11-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness |
Is there four (4) prongs to establishing a Brady claim? |
| 19-5470 |
Spencer Tracy Holloway v. Michigan |
Michigan |
2019-08-06 |
Denied |
IFP |
brady-violation constitutional-claim due-process federal-question liberty-interest michigan-state-law post-conviction prosecutorial-disclosure sixth-judicial-circuit state-law supreme-court-rule-10 |
Whether the Sixth Judicial Circuit Court for Oakland County decided an important federal question in a way that conflicts with the decision of Brady v… |
| 18-9666 |
Jose Hernandez v. Massachusetts |
Massachusetts |
2019-06-13 |
Denied |
Response WaivedIFP |
appellate-review brady-v-maryland brady-violation due-process exculpatory-evidence fourteenth-amendment prejudice-standard prosecutorial-disclosure prosecutorial-misconduct witness-impeachment |
Whether the Due Process Clause of the Fourteenth Amendment is violated |
| 18-7235 |
Jason Eugene Bush v. Arizona |
Arizona |
2019-01-07 |
Denied |
Relisted (2)IFP |
brady-doctrine due-process exculpatory-evidence fourteenth-amendment investigative-agencies kyles-v-whitley prosecutorial-disclosure |
Whether Arizona follows the rule of Kyles v. Whitley requiring prosecutors to investigate and disclose exculpatory evidence from all participating inv… |
| 18-7172 |
Tomas Marco Keen v. Washington |
Washington |
2018-12-27 |
Denied |
IFP |
brady-v-maryland constitutional-rights criminal-procedure disclosure due-process exculpatory-evidence plea-bargaining plea-negotiations prosecutorial-disclosure prosecutorial-misconduct |
Does the prosecutor have a duty to disclose exculpatory information relating to threatened--but not filed--charges during plea negotiations? |
| 18-410 |
Corey D. Yates v. United States |
District of Columbia |
2018-10-02 |
Denied |
|
brady-doctrine brady-v-maryland brady-violation criminal-procedure disclosure due-process evidence-suppression federal-state-courts-split materiality preserving-brady-doctrine prosecutorial-disclosure prosecutorial-misconduct reasonable-diligence suppressed-evidence |
Whether a defendant must show he did not know of and could not have reasonably obtained the suppressed evidence to establish a Brady violation |
| 18-35 |
Pennsylvania v. Roderick Andre Johnson |
Pennsylvania |
2018-07-05 |
Denied |
|
brady-analysis Brady-materiality confessions constitutional-procedure corroborating-evidence criminal-confession criminal-procedure due-process materiality prosecutorial-disclosure witness-impeachment |
Whether the prosecution's nondisclosure of arguably impeaching information relating to a witness who linked the defendant with two murders can be mate… |