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Blankenship v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1428 4th Cir. TBD TBD TBD TBD TBD

Issue: Whether, to establish a violation of Brady v. Maryland, a defendant must show that he could not have obtained the suppressed, exculpatory evidence through his own independent efforts of “self-help” or “due diligence” as the U.S. Court of Appeals for the 4th Circuit and five other circuits have held, or whether the defendant’s failure to uncover the evidence independently is irrelevant, as the remaining six courts of appeals have held.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 05 2022Petition for a writ of certiorari filed. (Response due June 8, 2022)
Jun 03 2022Motion to extend the time to file a response from June 8, 2022 to July 8, 2022, submitted to The Clerk.
Jun 06 2022Motion to extend the time to file a response is granted and the time is extended to and including July 8, 2022.
Jun 06 2022Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 27 2022Motion to extend the time to file a response from July 8, 2022 to August 8, 2022, submitted to The Clerk.
Jun 29 2022Motion to extend the time to file a response is granted and the time is further extended to and including August 8, 2022.
Aug 08 2022Brief of respondent United States in opposition filed.
Aug 23 2022Reply of petitioner Donald L. Blankenship filed. (Distributed)
Aug 24 2022DISTRIBUTED for Conference of 9/28/2022.