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Keith Byron Baranski v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-3699 · judgment January 23, 2018
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
After being released from custody following a conspiracy conviction, Keith Baranski challenged his conviction by filing a petition for writ of error coram nobis. The petition was based on critical new impeachment evidence suppressed by the prosecution, including the offer of a reduced sentence to the sole witness tying Baranski to the alleged conspiracy. After a hearing by the District Court, the Eighth Circuit on appeal did not apply coram nobis standards and Brady/Giglio materiality principles. Instead, without briefing on this issue, it chose to apply the stringent standard for “second or successive” motions by “prisoners in custody” under 28 U.S.C. §2255 to Baranski’s coram nobis petition.
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Whether, without briefing, a Court of Appeals may substitute the 28 U.S.C. §2255 standard for “second or successive” motions by prisoners in custody for the legal standard enunciated by this Court for coram nobis petitions by persons not in custody?
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Whether under Brady/Giglio precedents the prosecution may suppress evidence of a sentence reduction offered to the sole witness implicating the defendant, because there was only a “likelihood” of a future sentence reduction as opposed to an absolute “promise” of a reduction?
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Whether it was error under Brady/Giglio to consider the suppressed evidence regarding the key witness’s credibility in isolation rather than cumulatively?
Counsel of record
For petitioner
Dan Mark Peterson
Dan M. Peterson, PLLC
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Aug 15 2018DISTRIBUTED for Conference of 9/24/2018.
- Aug 07 2018Waiver of right of respondent United States to respond filed.
- Jul 30 2018Petition for a writ of certiorari filed. (Response due August 30, 2018)