Third Circuit· 1/20/2021

William Bracey v. Superintendent Rockview SCI

Citations

986 F.3d 274

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that a court “ask[s] whether the asserted change is material,” and “[i]f it is,” proceeds to the rest of the Cox analysis
describing the change of law brought on by Dennis v. Sec’y, Pa. Dep’t of Corr., 834 F.3d 263 (3d Cir. 2016) (en banc)
remanding in part because habeas court had denied movant’s request to hold hearing and develop record and had refused to consider under- lying merits at all
which held that a habeas petitioner asserting a Brady claim that two witnesses at trial received undisclosed benefits in exchange for their testimony could raise the claim under Rule 60(b)
“Gonzalez used ‘the merits’ to distinguish a ‘true Rule 60(b) motion’ attacking a procedural defect from a disguised successive habeas petition attacking the substantive resolution of a habeas claim.” (citation omitted)
“A petitioner’s failure to search for Brady material of which he is unaware and which he is entitled to presume is non-existent does not fall short of the diligence required by § 2244(d)(1)(D).”

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15 cases in this archive cite this case.

Cites

72 cases in this archive are cited by this case; the 20 most cited are listed.

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