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Bernard v. United States

Linked with Bernard v. United States (20A110)
Certiorari Denied

Petition for certiorari denied on December 10, 2020.

Docket No.20-6570
Op. Below5th Cir.

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.

Proceedings & orders timeline

Dec 8, 2020
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)
Dec 8, 2020
Application (20A110) for a stay of execution of sentence of death, submitted to Justice Alito.
Dec 9, 2020
Brief of respondent United States in opposition filed.
Dec 10, 2020
Reply of petitioner Brandon Bernard filed.
Dec 10, 2020
Supplemental brief in support of stay application filed.
Dec 10, 2020
Second Supp. to Stay of Execution of Brandon Bernard not accepted for filing. (December 10, 2020 -- corrected version docketed above)
Dec 10, 2020
Petition 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, 2020
Application (20A110) referred to the Court.
Dec 10, 2020
Application (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)

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