×
You've used up your 3 free articles for this month. Subscribe today.
Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose
Loaded on March 15, 2021
by Douglas Ankney
published in Criminal Legal News
April, 2021, page 24
Filed under:
Evidence - Failure to Disclose,
Timeliness of Motion,
Exculpatory Evidence - Disclosure Obligations.
Location:
Pennsylvania.
by Douglas Ankney
The U.S. Court of Appeals for the Third Circuit determined that Dennis v. Sec’y, 834 F.3d 263 (3d Cir. 2016), altered the Circuit’s jurisprudence regarding “Brady claims” [Brady v. Maryland, 373 U.S. 83 (1963)] such that the claims are timely filed …
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Faulty Forensics and Wrongful Convictions, by Matthew Clarke
- Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability, by Douglas Ankney
- Machinery of Death: When the Government Acts as Judge, Jury and Executioner, by John W. Whitehead
- Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel, by Douglas Ankney
- Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, by Dale Chappell
- Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, by Anthony Accurso
- Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment, by Douglas Ankney
- North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty, by David Reutter
- How the Criminal Justice System Fails People With Mental Illness, by Jordan Smith
- Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, by Douglas Ankney
- Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, by Anthony Accurso
- California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation, by Dale Chappell
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, by Douglas Ankney
- Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, by Dale Chappell
- Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies, by Matthew Clarke
- Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility, by Anthony Accurso
- STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver, by Kevin Bliss
- Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, by Anthony Accurso
- New Drone Tech Being Deployed by Police, by Anthony Accurso
- California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine, by Douglas Ankney
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, by Douglas Ankney
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", by Douglas Ankney
- D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer, by David Reutter
- California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence, by Matthew Clarke
- Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper, by Anthony Accurso
- Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related, by Douglas Ankney
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, by Matthew Clarke
- Capitol Police Department Repeatedly Sued Over Racial Discrimination, by Casey Bastian
- Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife, by Matthew Clarke
- Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts, by Edward Lyon
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, by Douglas Ankney
- Hidden Sentences, by Jayson Hawkins
- Law Degree for South Carolina Magistrates Optional, by Michael Fortino, Ph.D
- Policing Prostitution in New York, by Jayson Hawkins
- Tech Company Enables Total Surveillance, by Jayson Hawkins
- Image of Men Urinating on Grave Protected by First Amendment, by Michael Fortino, Ph.D
- Philadelphia Man Exonerated After Police Cover-Up Exposed, by Casey Bastian
- Shifting View of Criminal Justice in U.S., by Jayson Hawkins
- Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
- New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match, by Anthony Accurso
- News in Brief
- Police Robo Stalkers in a Location Near You, by Douglas Ankney
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Michigan Supreme Court Holds Miranda Waiver Invalid Where LSD-Intoxicated, Hospitalized Defendant Lacked Capacity to Understand Rights Read to Him, Aug. 1, 2026. New Trial/Judgment of Acquittal, Witnesses - Prior Statements/Testimony, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Exculpatory Evidence - Disclosure Obligations.
- New Jersey Supreme Court Announces Brady and Carter Materiality Standards Differ, Holding Carter’s “Probably Change the Jury’s Verdict” Test for New Trial More Stringent Than Brady’s “Reasonable Probability” Standard, Aug. 1, 2026. New Trial/Judgment of Acquittal, Failure to Disclose, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Withholding of Exculpatory Evidence.
- SCOTUS Holds Federal Habeas Court May Not Consider Post-Trial DNA Evidence That Was Never Presented to Jury When Assessing Whether False Informant Testimony Influenced Verdict, July 1, 2026. AEDPA, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Brady/Giglio/Jencks Act Issues, Withholding of Exculpatory Evidence.
- New York Prisoner, Paroled After 25 Years, Exonerated of Crime, June 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Evidence - Failure to Disclose, Prosecutorial Threats, Brady/Giglio/Jencks Act Issues.
- Connecticut Supreme Court Announces Extension of Brady Obligations to Same-Office Impeachment Evidence, May 1, 2026. Perjury/Perjured Testimony, Evidence - Failure to Disclose, Constructive/Imputed/Presumed knowledge, Brady/Giglio/Jencks Act Issues, Exculpatory Evidence - Disclosure Obligations.
- Digital Parallel Construction: Detecting and Challenging Hidden AI, Jan. 1, 2026. Probable Cause, False Statements, Testimony or Documents, Evidence - Integrity/Reliability of, Official Report, Exculpatory Evidence - Disclosure Obligations.
- Jury Returns Record $80 Million Verdict for Wrongful Conviction Based on DA Misconduct, Dec. 15, 2025. Monell Liability, False Imprisonment, Perjury/Perjured Testimony, Evidence - Failure to Disclose, Improper Comments.
- Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear, Dec. 15, 2025. junk science, Police State-Surveillance, Evidence - Integrity/Reliability of, Evidence - Failure to Disclose, Exculpatory Evidence - Disclosure Obligations.
- DOJ Settles With Orange County Over Use of “Jailhouse Snitches”, Dec. 1, 2025. Informants, Sixth Amendment, Confessions - Admissibility, Evidence - Failure to Disclose, Pleas Linked to Cooperation.





