The Supreme Court Update - January 22, 2024

Dorsey & Whitney LLP

Today, the Supreme Court of the United States granted certiorari in one case:

Glossip v. Oklahoma, No. 22-7466: This criminal procedure case addresses the obligation of prosecutors to disclose information to the defendant and the effect of statutory limitations on a criminal defendant’s ability to seek post-conviction relief multiple times. The questions presented are: (1) Whether the state’s suppression of the key prosecution witness’s admission that he was under the care of a psychiatrist and failure to correct that witness’s false testimony about that care and related diagnosis violate the due process of law under Brady v. Maryland and Napue v. Illinois; (2) whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims; (3) whether due process of law requires reversal where a capital conviction is so infected with errors that the state no longer seeks to defend it. In granting certiorari, the Court directed the parties to address an additional question: Whether the Oklahoma Court of Criminal Appeals' holding that the Oklahoma Post-Conviction Procedure Act precluded post-conviction relief is an adequate and independent state-law ground for the judgment.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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