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McGee v. McFadden

Certiorari Denied

Petition for certiorari denied on June 28, 2019.

Docket No.18-7277
Op. Below4th Cir.

Issue

(1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts" decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.

Proceedings & orders timeline

Nov 20, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)
Jan 17, 2019
Waiver of right of respondent Joseph McFadden to respond filed.
Jan 31, 2019
DISTRIBUTED for Conference of 2/15/2019.
Feb 11, 2019
Response Requested. (Due March 13, 2019)
Feb 11, 2019
Record Requested.
Feb 12, 2019
Record received from the USCA-4th Circuit. The record is available on PACER.
Feb 13, 2019
Record received from the USDC-SC. One restricted item was transmitted electronically, and the remainder of the record is available on PACER.
Mar 13, 2019
Brief of respondent Joseph McFadden in opposition filed.
Mar 28, 2019
DISTRIBUTED for Conference of 4/12/2019.
Apr 15, 2019
DISTRIBUTED for Conference of 4/18/2019.
Apr 22, 2019
DISTRIBUTED for Conference of 4/26/2019.
May 6, 2019
DISTRIBUTED for Conference of 5/9/2019.
May 13, 2019
DISTRIBUTED for Conference of 5/16/2019.
May 20, 2019
DISTRIBUTED for Conference of 5/23/2019.
May 28, 2019
DISTRIBUTED for Conference of 5/30/2019.
Jun 3, 2019
DISTRIBUTED for Conference of 6/6/2019.
Jun 10, 2019
DISTRIBUTED for Conference of 6/13/2019.
Jun 17, 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 26, 2019
DISTRIBUTED for Conference of 6/27/2019.
Jun 28, 2019
Petition DENIED. Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion)
Jul 16, 2019
Petition for Rehearing filed.
Aug 14, 2019
DISTRIBUTED for Conference of 10/1/2019.
Oct 7, 2019
Rehearing DENIED.

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