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Adalberto Martinez v. Massachusetts

IFP petition · Appeals Court of Massachusetts, No. 25-P-223 · judgment April 13, 2026


Certiorari denied · October 13, 2026

Question presented

Whether the Sixth and Fourteenth Amendments permit the State, in a joint criminal trial, to introduce for its truth a non-testifying codefendant’s out-of-court accusation expressly implicating the defendant, on the theory that the statement was made years after the charged offense during an ongoing “joint venture” to conceal the crime, where the statement was made privately to a family member who already knew of the allegations and where the defendant had no opportunity to cross-examine the declarant.

Counsel of record

For petitioner
Brad P. Bennion
Law Office of Brad Bennion

For respondent
Nicole Marie Nixon
Massachusetts Attorney General's Office

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 24 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 21 2026
    Waiver of right of respondent Massachusetts to respond filed.
  4. Sep 02 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2026)