No. 23-610

Frander Salguero v. California

Lower Court: California
Docketed: 2023-12-06
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: brady-violation constitutional-rights due-process evidence-suppression fourteenth-amendment judicial-procedures material-evidence prosecutorial-misconduct sixth-amendment
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-04-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the effect on due process remains unchanged as to Brady's holding

Question Presented (OCR Extract)

QUESTIONS PRESENTED “The Legislature finds and declares that postconviction discovery promotes the fair administration of justice in seeking to assure that innocent persons do not remain unjustly incarcerated” (California Statutes 2018 Chapter 482, Section 1) Justice Holmes: “For those who agree with me, no distinction can be taken between the Government as prosecutor and the Government as judge.” (Olmstead v. United States, 277 U.S. 438, 470 (1928)) “(S]tate action within the purview of the Fourteenth Amendment... governs any action ... ‘whether through its legislature, through its courts, or through its executive or administrative officers.” (Mooney v. Holohan, 294 U.S. 103, 113 (1935)) The questions presented are: 1. Whether the effect on due process remains unchanged as to Brady’s holding, “suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material” after the prosecutor concealed the evidence at trial and suppresses it again upon request after conviction. 2. Whether a state court has discretion under the Fourteenth Amendment to assist the “suppression by the prosecution of evidence favorable to an accused upon request” when presented proof the existing “evidence is material”. 3. Whether arbitrary state judicial procedures impairing the ability to prove one is innocent conform with due process while intending to deprive this Court of a record to review. 4. Whether a due process sanction of dismissal . applies to situations like the present. : ii STATEMENT OF

Docket Entries

2024-04-15
Rehearing DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-03-16
2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-12-28
Waiver of right of respondent California to respond filed.
2023-11-28

Attorneys

California
Nima RazfarOffice of the Attorney General , Respondent
Nima RazfarOffice of the Attorney General , Respondent
Frander Salguero
Frander Salguero — Petitioner
Frander Salguero — Petitioner