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Marcus Hahn v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-2069 · judgment May 19, 2026


Pending

Questions presented

  1. Whether a Court of Appeals Contravenes Miller-El v. Cockrell, 537 U.S. 322 (2003) and Buck v. Davis, 580 U.S. 100 (2017) When it Denies a Certificate of Appeala­ bility in the Vocabulary of Debatability, But Reaches That Result Only by Resolving the Merits of the Under­ lying Constitutiona Claims?

  2. Whether the Prosecution's Duty to Disclose Material Excul­ patory Evidence Under Brady v. Maryland, 373 U.S. 83 (1963) Extends to Pretrial Suppression Hearings?

  3. Whether a Court Applies an Unconstitutionally Heightened Standard by Requiring a Movant Under 28 U.S.C. § 2255 to Establish the Elements of a Brady Claim by a Preponderance of the Evidence, and by Failing to Weigh the Cumulative Effect of the Withheld Evidence Together With the Balance of the Record, as Kyles v. Whitley, 514 U.S. 419 (1995) Requires?

  4. Whether a District Court Abuses its Discretion by Denying a Motion to Expand the Record With Newly Obtained Material Evidence of a Brady Violation Solely Because.the Motion was Filed After the Magistrate Judge's Report and Recommendation, Where the Movant Establishes Objective Cause for the Timing?

Counsel of record

For petitioner
Marcus Hahn

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 03 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 31 2026
    Waiver of right of respondent United States to respond filed.
  3. Aug 14 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2026)