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Ryan Begay v. New Mexico

Paid petition · Court of Appeals of New Mexico, No. A-1-CA-35964 · judgment January 16, 2019

Certiorari denied · November 4, 2019

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the “same elements” test articulated in Blockburger v. United States, 284 U.S. 299 (1932), adequately protects individuals from multiple punishments for “the same offence.”
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?

For petitioner
Scott M. Davidson
The Law Office of Scott M. Davidson, Ph.D., Esq.

For respondent
Martha Anne Wood
Attorney General's Office

Conference history
Distributed for 2 conferences

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