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North Carolina v. Norfolk Junior Best

Paid petition · Supreme Court of North Carolina, No. 300A93-3 · judgment December 18, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. The question presented is: Does an appellate court violate the core principals of Brady in post-conviction review where in its materiality analysis it disregards both evidence clearly available at the time of trial and also its own prior opinion on direct appeal where it held that defendant’s identity as the perpetrator of the crime was established by his bloody fingerprint on the knife found under one of the victim’s bodies?

Counsel of record

For petitioner
Jonathan Porter Babb
Attorney General's Office

For respondent
Ivy Alexandra Johnson
The Center for Death Penalty Litigation

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Oct 04 2021
    Petition DENIED.
  3. Aug 04 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 19 2021
    Brief of respondent Norfolk Best in opposition filed.
  5. Jul 19 2021
    Motion for leave to proceed in forma pauperis filed by respondent Norfolk Best.
  6. Jun 04 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2021.
  7. May 25 2021
    Motion to extend the time to file a response from June 17, 2021 to July 19, 2021, submitted to The Clerk.
  8. May 14 2021
    Petition for a writ of certiorari filed. (Response due June 17, 2021)