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Prosecutor withholding evidence

Baillargeon v. Brendan T. Carroll, Esq.

Updated Nov 11, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Dennis Baillargeon asks whether a prosecutor violated his constitutional right to fair process by not telling a trial judge that previously available video evidence was no longer available while the judge was deciding whether to delay the trial.
What's at stake
Baillargeon says the omission left him unable to seek a delay based on the video's unavailability; the Supreme Court has not decided whether that violated his rights.

Summary: written with AI from the case record.

What it's about

His petition is pending and has been distributed for a conference; that step does not itself mean the Supreme Court agreed to hear the case.

The dispute arose during a New Hampshire criminal trial, as the judge considered whether to delay the proceedings.

Question presented

Whether a criminal defendant's due process rights under the Fourteenth Amendment are violated when a prosecutor, in direct response to the trial court's inquiry into what remains to be disclosed to the defense, gives an answer that omits material information the prosecutor already possesses — here, that previously available video evidence had become unavailable — where that omission occurs at the precise moment the court is deciding whether to grant a continuance, and forecloses the defendant's ability to seek that continuance on its true and more compelling ground.

What happens next

The petition was distributed for a conference scheduled for Nov. 13, 2026, but that does not mean the Court agreed to hear it. No argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 11, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 11, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 11, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 11, 2026 · Court records

  • Brief added: Petition

    Aug 24, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 11, 2026Methodology

Court records and filings

Reporting and analysis