No. 25-7416October Term 2025Before Arguments
Ernest D. Suggs, Petitioner v. Florida
from the Supreme Court of Florida.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the Supreme Court of Florida.
Question presented
Is there a “due diligence” burden on defendants expressly or impliedly included in this Court’s holding in Brady v. Maryland, 373 U.S. 83 (1963), U.S. v. Agurs, 427 U.S. 97 (1976) or Banks v. Dretke, 540 U.S. 668 (2004), or does the burden of compliance with those holdings fall totally on the government?
- Case path
Supreme Court of Florida / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Ernest Suggs is asking the Supreme Court to decide whether Brady, Agurs, and Banks place any "due diligence" burden on defendants, or whether the government alone must carry that burden. The petition comes from the Supreme Court of Florida, and no oral argument is scheduled yet.
Argument
The petition is still at the certiorari (the Court's decision to hear the case) stage, and no oral argument is scheduled yet.
Impact
The answer could shape how courts handle claims that the government failed to follow Brady and related cases. For example, it could affect whether a defendant loses because a court says he should have found the information himself.
What is at stake in Ernest D. Suggs v. Florida?
Suggs asks whether defendants have a "due diligence" burden under Brady, Agurs, and Banks, or whether the government alone must comply.
Who could be affected if the Court takes Suggs v. Florida?
Defendants, prosecutors, and trial judges could be affected in cases where a Brady claim turns on whether the defendant should have found the information.
What happens next in Ernest D. Suggs v. Florida?
The justices must decide whether to grant certiorari (hear the case). No oral argument is scheduled, and no decision window is available yet.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology