Bernard v. United States

Summary

Justice Sotomayor dissented from the majority’s denial of both the petition for a writ of certiorari and the application for a stay of execution, arguing that the Fifth Circuit erred in applying the strict successive‑petition rule to Bernard’s Brady and Napue claims. She contends that Panetti v. Quarterman bars such a restriction for claims that were not ripe in the first petition and that the government’s alleged suppression of exculpatory evidence could have altered the jury’s death‑penalty decision. Accordingly, she would have granted the certiorari petition and the stay.