No. 20-6190

Bradley R. Freeman v. New Mexico

Lower Court: New Mexico
Docketed: 2020-11-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct
Key Terms:
DueProcess
Latest Conference: 2021-03-05 (distributed 2 times)
Question Presented (AI Summary)

Does the Constitution require the prosecution to disclose favorable, material evidence of an affirmative defense before entering a plea agreement?

Question Presented (OCR Extract)

Question Presented 1. Does the Constitution require, before entering into a binding plea agreement with a criminal defendant, that the prosecution disclose favorable, material evidence of an affirmative defense which the prosecution bears the burden of disproving beyond a reasonable doubt and which can be raised pre-trial as a matter of law?

Docket Entries

2021-03-08
Petition DENIED.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-12
Reply of petitioner Bradley R. Freeman filed. (Distributed)
2021-02-03
Brief of respondent State of New Mexico in opposition filed.
2021-01-05
Response Requested. (Due February 4, 2021)
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-11-19
Waiver of right of respondent New Mexico to respond filed.
2020-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2020)

Attorneys

Bradley R. Freeman
Charles David AgoosLaw Offices of the Public Defender, Petitioner
New Mexico
Jane Alissa BernsteinNew Mexico Attorney General, Respondent
State of New Mexico
Lauren Joseph WolongeviczNew Mexico Office of the Attorney General, Respondent