No. 19-3

Ryan Begay v. New Mexico

Lower Court: New Mexico
Docketed: 2019-06-28
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: blockburger-test blockburger-v-united-states constitutional-protection double-jeopardy due-process fourteenth-amendment reckless-abuse reckless-child-abuse self-defense
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (from Petition)

1. Whether the "same elements" test articulated in Blockburger v. United States, 284 U.S. 299 (1932), adequately protects in dividuals from multiple punishments for "the same offence."

2. Petitioner Begay was acquitted of multiple charges based on a finding that he acted in self-defense. He was convicted of reckless child abuse on the basis of the identical act that was found to be both unitary and justifiable as self-defense— viz., shooting at his assailant and unintentionally hitting a child in the leg. Does the Fourteenth Amendment's Due Process Clause permit this?

Question Presented (AI Summary)

Whether the 'same elements' test adequately protects against multiple punishments for 'the same offence'

Docket Entries

2019-11-04
Petition DENIED.
2019-10-09
DISTRIBUTED for Conference of 11/1/2019.
2019-10-04
Reply of petitioner Ryan Begay filed.
2019-09-20
Brief of respondent State of New Mexico in opposition filed.
2019-08-23
Response Requested. (Due September 23, 2019)
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-08-01
Waiver of right of respondent State of New Mexico to respond filed.
2019-06-25
Petition for a writ of certiorari filed. (Response due July 29, 2019)

Attorneys

Ryan Begay
Scott M. DavidsonScott M. Davidson, Ph.D., Esq., LLC, Petitioner
State of New Mexico
Martha Anne WoodAttorney General's Office, Respondent