Smith v. Cain

Docket No., 10-8145

Argument Date: Tuesday, November 8, 2011

Questions Presented

In this criminal case, the state trial court, the Louisiana Fourth Circuit Court of Appeal, and the Louisiana Supreme Court, without making any factual findings, or providing any reasons for their rulings, denied Petitioner Juan Smith post-conviction relief. Smith contends that the state courts reached this result only by disregarding firmly-established precedents of this Court regarding suppression of material evidence favorable to a defendant and presentation of false or misleading evidence by a prosecutor.

I. Is there a reasonable probability that, given the cumulative effect of the Brady and Napue/Giglio violations in Smith's case, the outcome of the trial would have been different?

II. Did the state courts ignore fundamental principles of due process in rejecting Smith's Brady and Napue/Giglio claims? Petitioner Juan Smith respectfully requests that this Court issue a writ of certiorari to review the decision of the Louisiana Supreme Court.


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