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State v. Secord5/3/2004
albeit in dissent: "Plea bargaining should not be reduced to a shameful imitation of a midday game show, where a deal is struck only when 'the price is right' with no knowledge of what's behind door number three." State v. Solano, 150 Ariz. 398, 403, 724 P.2d 17, 22 (1986) (Gordon, J. dissenting).
35 The state has a substantial and legitimate interest in using the plea bargaining process to expedite cases and to protect some forms of otherwise disclosable information. By the same token, our criminal justice system has a substantial interest in ensuring that pleas are the product of knowing and intelligent thought processes. When the state's action meaningfully impairs a defendant's ability to engage in that thought process and does so without any grounds anchored in public policy, I believe the state violates the defendant's due process rights. See Draper, 162 Ariz. at 436, 784 P.2d at 262. Specifically, the state violated Secord's right to due process in the plea negotiations here when it (1) withheld a pivotal piece of information necessary for Secord to make a knowing and intelligent decision whether to accept the plea offer and (2) did so without any substantial governmental purpose for its action. For this reason, I respectfully dissent.
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