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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)
Dec 08 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)
Dec 08 2020Application (20A110) for a stay of execution of sentence of death, submitted to Justice Alito.
Dec 09 2020Brief of respondent United States in opposition filed.
Dec 10 2020Reply of petitioner Brandon Bernard filed.
Dec 10 2020Supplemental brief in support of stay application filed.
Dec 10 2020Second Supp. to Stay of Execution of Brandon Bernard not accepted for filing. (December 10, 2020 -- corrected version docketed above)
Dec 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)
Dec 10 2020Application (20A110) referred to the Court.
Dec 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)