No. 18-9470

R. Jay Thompson v. Oklahoma

Lower Court: Oklahoma
Docketed: 2019-05-29
Status: Denied
Type: IFP
IFP
Tags: confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes

Question Presented (OCR Extract)

question presented is: 1. Are hearsay statements made to a SANE nurse by a witness complaining of sexual assault, who is not available at trial because of death, testimonial in nature and _ therefore inadmissible under the Sixth Amendment in the absence of incourt confrontation by the accused? II. In addition to hearsay statements by the complaining witness made to the SANE nurse, the State was allowed to introduce into evidence statements made to the grandmother of the complaining witness. The lower court found such hearsay nontestimonial, and otherwise admissible under the “excited utterance” exception to the hearsay rule. The question presented is: 2. Are hearsay statements made the grandmother of the witness testimonial under the Sixth Amendment and admissible under the “excited utterance” exception to the hearsay rule when the startling event occurred up to a day prior to the statements? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-05-24

Attorneys

R Jay Thompson
James L. Hankins — Petitioner
James L. Hankins — Petitioner