In Re: Larry Donnell Fowlkes, Movant. Innocence Project of the National Capital Region, Amicus Curiae

I concur with the majority’s denial of Fowlkes’ Motion for Authority, but would do so upon alternative grounds. The majority is correct in finding that Petitioner’s claims alleging ineffective assistance of counsel and non-disclosure in contravention of Brady v. Maryland were raised in his original section 2254 motion before the district court, and are therefore barred under section 2244(b)(1). However, the majority unnecessarily relies upon our ambiguous and far from “apodictic” language in Fowlkes I regarding the “merits” of these claims. Furthermore, because the impartial jury claim was…