No. 21-7872

Steven Guardado v. Billy K. Sipe, Jr., et al.

Lower Court: Arizona
Docketed: 2022-05-13
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: compulsory-process confrontation-clause constitutional-rights criminal-procedure due-process federal-constitution federal-question judicial-remedy pandemic-court state-courts
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (from Petition)

STEVEN GUARDADO FILED AN APPLICATION FOR A WRIT OF MANDAMUS IN THE
SUPREME COURT OF ARIZONA REQUESTING AN ORDER TO THE STATE TRIAL COURT
TO COMPLY WITH FEDERAL CONSTITUTIONAL PROVISIONS, INCLUDING THOSE AFFORDING
THE GUARANTEES OF THE CONFRONTATION, COMPULSORY PROCESS, AND DUE PROCESS
TO CONSIDER THE MATTER, THEREBY DENYING AN IMPORTANT FEDERAL QUESTION THAT
WAS NOT, BUT SHOULD BE, SETTLED BY THIS COURT.

THUS, THIS CASE PRESENTS THE FOLLOWING QUESTIONS:

I. WHETHER THE DECISION OF THE ARIZONA SUPREME COURT
PREVENTS APPLICATION OF THE CONFRONTATION, DUE
PROCESS, AND COMPULSORY PROCESS CLAUSES OF THE
U.S. CONSTITUTION, REQUIRING THE STATE TO GIVE A
CRIMINAL DEFENDANT THE OPPORTUNITY TO INSPECT
AND TEST THE SOURCE CODE, THE RESULTS FROM WHICH
THE STATE INTENDS TO USE AGAINST HIM AT TRIAL.

II. WHETHER THE ARIZONA SUPREME COURT FAILED TO
APPLY THE DUE PROCESS CLAUSE OF THE FOURTEENTH
AMENDMENT.

III. WHETHER THE ARIZONA SUPREME COURT FAILED TO
REQUIRE THE STATE TO FOLLOW STATE AND
FEDERAL STATUTES FOR COMPASSIONATE RELEASE
OF ELDERLY OR MEDICALLY VULNERABLE INMATES
DURING A PANDEMIC.

Question Presented (AI Summary)

Whether the decision of the Arizona Supreme Court prevents application of the Confrontation, Due Process and Compulsory Process Clauses of the US Constitution, requiring the state to give a criminal defendant the opportunity to inspect and test the source code of the results from which the state intends to use against him at trial

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-10-13
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2022)

Attorneys

Steven Guardado
Steven Guardado — Petitioner