No. 18-6060

James Chavez v. Robert LeGrand, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2018-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability
Key Terms:
DueProcess HabeasCorpus Punishment CriminalProcedure
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether a prosecution can admit prior testimonial statements, including a video-taped interview, of a witness that died prior to trial and where defense counsel's only opportunity to cross-examine that witness occurred during a preliminary hearing

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether, pursuant to Crawford v. Washington, 541 U.S. 36 (2004), a Prosecution can Admit Prior Testimonial Statements, Including a Video-taped Interview, of a Witness that Died Prior to Trial and Where Defense Counsel’s Only Opportunity to Cross-Examine that Witness Occurred During a Preliminary Hearing Where, Given the Standards and Practices of Nevada, Counsel had Little Incentive to Conduct a Trial-Level Cross-Examination? i

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-21
Waiver of right of respondents Robert LeGrand, et al. to respond filed.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2018)

Attorneys

James Chavez
Jason F. CarrFederal Public Defenders Office, Petitioner
Robert LeGrand, et al.
Heather Diane Procter — Respondent