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Dailey v. Florida

Petition for certiorari denied on October 5, 2020

Docket No. Op. Below Argument Opinion Vote Author Term
19-1094 Fla. N/A N/A N/A N/A OT 2020

Issue: (1) Whether a defendant advancing a claim under Brady v. Maryland must demonstrate that he or she could not have uncovered the suppressed evidence through the exercise of due diligence; (2) whether the materiality of a Brady claim must be determined by considering the probative force of the withheld evidence cumulatively and in the context of the government"s entire case; and (3) whether the Florida Supreme Court"s error in treating petitioner"s claim under Giglio v. United States as though it alleged knowing use of perjury, when it actually alleged withholding exculpatory evidence, warrants reversal.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/21/2020Application (19A827) to extend the time to file a petition for a writ of certiorari from February 10, 2020 to March 1, 2020, submitted to Justice Thomas.
01/26/2020Application (19A827) granted by Justice Thomas extending the time to file until March 1, 2020.
03/02/2020Petition for a writ of certiorari filed. (Response due April 6, 2020)
03/23/2020Motion to extend the time to file a response from April 6, 2020 to May 6, 2020, submitted to The Clerk.
03/24/2020Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2020.
05/06/2020Brief of respondent Florida in opposition filed.
05/19/2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 26, 2020 to June16, 2020, submitted to The Clerk.
05/21/2020Motion to delay distribution of the petition for a writ certiorari granted; the petition will be distributed on June 17, 2020.
06/16/2020Reply of petitioner James Milton Dailey filed. (Distributed)
06/17/2020DISTRIBUTED for Conference of 9/29/2020.
10/05/2020Petition DENIED.