Question Presented (from Petition)
The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is "unavailable" despite the government's "good-faith effort to obtain [the witness's] presence at trial." Barber v. Page, 390 U.S. 719, 724-725 (1968). The questions presented are:
1. Whether the government makes a good-faith effort to obtain a witness's presence at trial if it curtails its search for that witness because it already has the witness's deposition testimony.
2. Whether the government makes a good-faith effort to obtain a witness's presence at trial if it forgoes an "easy" investigative step that it has "reason to believe" would procure the absent witness.
3. Whether a witness is "unavailable" if the government releases the witness from its custody without making any arrangements to secure the witness's presence at trial.
Question Presented (AI Summary)
Whether the government makes a good-faith effort to obtain a witness's presence at trial
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-23
Reply of petitioners Renado Smith, et al. filed. (Distributed)
2019-12-09
Brief of respondent United States of America in opposition filed.
2019-10-29
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2019.
2019-10-28
Motion to extend the time to file a response from November 18, 2019 to December 9, 2019, submitted to The Clerk.
2019-10-18
Brief amici curiae of Criminal Defense Organizations filed.
2019-10-18
Brief amicus curiae of The Constitution Project at the Project On Government Oversight filed.
2019-10-18
Brief amicus curiae of Florida Association for Criminal Defense Lawyers filed.
2019-10-10
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
2019-10-10
Blanket Consent filed by Petitioner, Renado Smith, et al.
2019-10-09
Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
2019-09-18
Petition for a writ of certiorari filed. (Response due October 18, 2019)