No. 19-5178

Howard Lester v. Ohio

Lower Court: Ohio
Docketed: 2019-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony
Key Terms:
SocialSecurity Securities
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the admission of a report authored by a non-testifying firearms examiner, and expert testimony from a substitute analyst concerning the findings of the same, violated Confrontation Clause framework where the report and testimony were offered to establish an essential element of charged offenses; no other evidence was introduced to prove the element; and during summation, the prosecutor referenced the report and testimony for the truth of the matter asserted? Il. Whether a citizen is seized, within the meaning of the Fourth Amendment, where uniformed officers approach him and tell him that he is being held as a witness; place and lock him in the back of a squad car; and condition release on the making of a requested statement? i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-09
Waiver of right of respondent Ohio to respond filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2019)

Attorneys

Howard Lester
Howard Lester — Petitioner
Howard Lester — Petitioner
Ohio
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Respondent
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Respondent