On Monday at 9:30 a.m. we expect orders ... (click to view)
Editor's Note :
On Monday at 9:30 a.m. we expect orders from the April 18 Conference. On both Tuesday and Wednesday we expect one or more decisions in argued cases; we will be live blogging both days beginning at 9:45 a.m.
Issue: (1) Whether the United States Court of Appeals
for the Third Circuit and other courts of
appeals which have interpreted the
materiality standard of Brady v. Maryland to include evidence
inadmissible at trial if such material could
have led to the discovery of admissible
evidence have expanded the scope of Brady
in a manner contrary to Wood v. Bartholomew, and, in so
doing, have substituted mere admissibility
for the requirement that to be "material"
undisclosed evidence must present a
"reasonable probability" that the result of
the trial would have been different had the
evidence been disclosed, and in a manner
which, in the instant case, would have
required the prosecution to search the entire
universe of police reports to find those
reports which referenced, but did not charge,
a prosecution witness; (2) whether the United States Court of Appeals
for the Third Circuit, by directing the
district court to evaluate Johnson's claim
"in light of the Third Circuit opinion," has
required the district court to accept
characterizations of the allegedly suppressed
evidence which in some instances are
contrary to this Court's teachings, such as
the weight to be given affidavits solicited by
habeas counsel long after the verdict was
obtained, and which, in other instances, are
On Monday at 9:30 a.m. we expect orders from the April 18 Conference. On both Tuesday and Wednesday we expect one or more decisions in argued cases; we will be live blogging both days beginning at 9:45 a.m. This is the first week of the April sitting.
In this five-part interview, Orin Kerr of the George Washington University Law School discusses his background in mechanical engineering and the law; clerking for Justice Anthony M. Kennedy and Judge Leonard I. Garth of the Third Circuit; working in the Computer Crime and Intellectual Property Section of the Department of Justice; and teaching law. Kerr talks about how […]
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