No. 19-7218

Oscar Amezcua Cabrera v. California

Lower Court: California
Docketed: 2020-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay
Key Terms:
DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

whether-dying-declaration-exception-overrides-crawford-v-washington

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. In the context of the dying declaration exception of the hearsay rule, where that declaration is otherwise testimonial hearsay within the ambit of the Sixth Amendment constitutional principles set forth by this court in the case of Crawford v. Washington, 541 U.S. 36 (2004), is there . an exception to those constitutional principles where the hearsay exception was a well accepted common faw hearsay exception at the time of the adoption of the Sixth Amendment of the United © States Constitution? 2. Is there is a violation of due process of law under the Fifth and Fourteenth Amendments where during a pretrial police interview of a major prosecution witness the interviewing law enforcement officer tells that witness “[w]ell right now you can help yourself just kind of, like, lend ___ not even truth but lend like the story of what was going on so we know that we’re on the right track,” and “| don’t know how -what your thoughts are between now or what are your feelings towards me but but obviously we want a successful prosecution’? -i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-17
Waiver of right of respondent California to respond filed.
2020-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

California
John H. DeistCalifornia Department of Justice, Respondent
John H. DeistCalifornia Department of Justice, Respondent
Oscar Cabrera
Arthur DudleyPage & Dudley, Petitioner
Arthur DudleyPage & Dudley, Petitioner