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Bernard v. United States

Petition for certiorari denied on December 10, 2020

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Docket No. Op. Below Argument Opinion Vote Author Term
20-6570 5th Cir. N/A N/A N/A N/A OT 2020

Issue: Whether, because government action prevented Brandon Bernard from bringing claims under Brady v. Maryland and Napue v. Illinois in his initial 28 U.S.C. § 2255 motion, a second-in-time motion asserting those claims should be deemed nonsuccessive under Panetti v. Quarterman.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/08/2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)
12/08/2020Application (20A110) for a stay of execution of sentence of death, submitted to Justice Alito.
12/09/2020Brief of respondent United States in opposition filed.
12/10/2020Reply of petitioner Brandon Bernard filed.
12/10/2020Supplemental brief in support of stay application filed.
12/10/2020Second Supp. to Stay of Execution of Brandon Bernard not accepted for filing. (December 10, 2020 -- corrected version docketed above)
12/10/2020Petition DENIED. Justice Breyer and Justice Kagan would grant the petition for a writ of certiorari. Justice Sotomayor, dissenting from the denial of certiorari and application for stay. (Detached Opinion)
12/10/2020Application (20A110) referred to the Court.
12/10/2020Application (20A110) denied by the Court. Justice Breyer and Justice Kagan would grant the application. Justice Sotomayor, dissenting from the denial of certiorari and application for stay. (Detached opinion)