Supreme Court of the United States · Official docket →
Anthony Penton v. A. Malfi, Warden
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-56201 · judgment April 16, 2021
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
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Whether evidence covered by Brady v. Maryland, 373 U.S. 83 (1963), and withheld by prosecutors is considered suppressed under the Fifth Amendment regardless of whether the defendant already knew or should have known of the substance of the evidence.
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Whether the Sixth Amendment permits judges to enhance a prison sentence based on the nature of a defendant’s prior convictions that were not found by the jury beyond a reasonable doubt.
Counsel of record
For petitioner
Harrison J. Frahn IV
Simpson Thacher & Bartlett, LLP
For respondent
Christopher P. Beesley
Office of the Atty. Gen. of the State of CA
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Dec 06 2021Petition DENIED.
- Nov 17 2021Brief amici curiae of Criminal Law Professors filed. (Distributed)
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 10 2021Waiver of right of respondent A. Malfi, Warden to respond filed.
- Nov 03 2021Blanket Consent filed by Petitioner, Anthony Penton
- Oct 25 2021Petition for a writ of certiorari filed. (Response due November 29, 2021)