Supreme Court of the United States · Official docket →
David Brown v. Louisiana
Paid petition · Supreme Court of Louisiana, No. 16-KA-0998 · judgment January 28, 2022
Certiorari denied · April 3, 2023
Pre-decision estimate: 3% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Where a defendant denies participating in a particular criminal act, is another person’s confession stating that he and someone else committed the act— without mentioning the defendant—favorable and material evidence under Brady v. Maryland, 373 U.S. 83 (1963)?
Counsel of record
For petitioner
Jeffrey L. Fisher
O'Melveny & Myers LLP
For respondent
Juliet L. Clark
Assistant District Attorney
Argument & decision
Decided April 3, 2023.
Proceedings
- Apr 06 2023Record returned to the Supreme Court of Louisiana (7 boxes).
- Apr 03 2023Motion for leave to file amici brief filed by Current and Former Prosecutors, et al. GRANTED.
- Apr 03 2023Petition DENIED. Justice Jackson, with whom Justice Sotomayor and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion)
- Mar 27 2023DISTRIBUTED for Conference of 3/31/2023.
- Mar 20 2023DISTRIBUTED for Conference of 3/24/2023.
- Mar 13 2023DISTRIBUTED for Conference of 3/17/2023.
- Feb 27 2023DISTRIBUTED for Conference of 3/3/2023.
- Feb 21 2023DISTRIBUTED for Conference of 2/24/2023.
- Jan 11 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 10 2023Record received from the Supreme Court of Louisiana (7 boxes).
- Oct 18 2022Record Requested.
- Oct 12 2022DISTRIBUTED for Conference of 10/28/2022.
- Oct 12 2022Reply of petitioner David Brown filed. (Distributed)
- Sep 26 2022Brief of respondent Louisiana in opposition filed.
- Aug 26 2022Motion for leave to file amici brief filed by Current and Former Prosecutors and Department of Justice Officials.
- Aug 26 2022Brief amici curiae of the National Association of Criminal Defense Lawyers filed.
- Aug 02 2022Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
- Aug 01 2022Motion to extend the time to file a response from August 26, 2022 to September 26, 2022, submitted to The Clerk.
- Jul 25 2022Petition for a writ of certiorari filed. (Response due August 26, 2022)
- Jun 16 2022Application (21A821) granted by Justice Alito extending the time to file until July 23, 2022.
- Jun 09 2022Application (21A821) to extend the time to file a petition for a writ of certiorari from June 23, 2022 to July 23, 2022, submitted to Justice Alito.