(ORDER LIST: 598 U.S.) FRIDAY, MAY 5, 2023 ORDER IN PENDING CASE 22A941 GLOSSIP, RICHARD E. V. OKLAHOMA The appli­ca­tion for stay of exe­cu­tion of sen­tence of death pre­sent­ed to Justice Kavanaugh and by him referred to the Court is grant­ed pend­ing the dis­po­si­tion of the peti­tions for writs of cer­tio­rari, Nos. 22 – 6500 and 22 – 7466. Should both peti­tions for writs of cer­tio­rari be denied, this stay shall ter­mi­nate auto­mat­i­cal­ly. In the event either peti­tion for a writ of cer­tio­rari is grant­ed, the stay shall ter­mi­nate upon the issuance of the man­date of this Court.

–Order of the U.S. Supreme Court

The first of the two peti­tions for a writ of cer­tio­rari from Mr. Glossip claims that the state of Oklahoma was oblig­at­ed to turn over infor­ma­tion relat­ed to the co-defendant’s (Justin Sneed) desire to recant tes­ti­mo­ny impli­cat­ing Mr. Glossip and his hav­ing been coached by the state in advance of his tes­ti­mo­ny at Mr. Glossip’s retri­al. The State’s oppo­si­tion to this peti­tion focus­es on procedural grounds.

The sec­ond of Mr. Glossip’s peti­tions argues that due process of law requires rever­sal because his cap­i­tal con­vic­tion is so infect­ed with errors that the State no longer seeks to defend it. In par­tic­u­lar, Mr. Glossip asserts that the State’s sup­pres­sion of Mr. Sneed’s admis­sion that he was under the care of a psy­chi­a­trist – and the fail­ure to cor­rect Mr. Sneed’s false tes­ti­mo­ny about that care and his diag­no­sis – was a due process vio­la­tion under Brady v. Maryland. Brady requires the pros­e­cu­tion to turn over to the defense evi­dence that might exon­er­ate the defendant.

–Drawn from fil­ings by Mr. Glossip with the Supreme Court

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