On 8 November 2011, the U. S. Supreme Court will hear oral argument in a case with application to military prosecutions. Here is the SCOTUSBlog information for Smith v. Cain, No. 10-8145.
Issue: 1) Whether there is a reasonable probability that the outcome of Smith’s trial would have been different but for Brady and Giglio/Napue errors; 2) whether the state courts violated the Due Process Clause by rejecting Smith’s Brady and Giglio/Napue claims.
Plain English Issue: Whether the state courts in this case erred in concluding that any violation of the defendant’s constitutional rights at his criminal trial was harmless.
Here are the SCOTUSBlog links to the relevant documents.
- Opinion below (No opinion issued)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
UPI has a piece about this case and some history on Brady obligations. In particular they reference an amicus brief from the ABA which is not on SCOTUSBlog yet. The ABA “briefs” site does not list their own amicus, but does list these two:
- Brief for the Innocence Network in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers in Support of Petitioner