No. 20-637
Tags: confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy
Key Terms:
FifthAmendment CriminalProcedure
FifthAmendment CriminalProcedure
Latest Conference:
2021-04-16
(distributed 3 times)
Question Presented (AI Summary)
Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence otherwise barred by the Confrontation Clause
Question Presented (OCR Extract)
QUESTION PRESENTED A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence. The question presented is: Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence otherwise barred by the Confrontation Clause.
Docket Entries
2022-02-22
JUDGMENT ISSUED.
2022-02-22
MANDATE ISSUED.
2022-01-20
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-637_new_6khn.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined. Thomas, J., filed a dissenting opinion.
2021-10-05
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Gina Mignola, Assistant District Attorney, Bronx, N. Y.
2021-09-30
Motion for leave to file amicus brief filed by Adam Oustatcher DENIED.
2021-09-08
ARGUMENT RESCHEDULED FOR Tuesday, October 5, 2021.
2021-09-03
Reply of petitioner Darrell Hemphill filed. (Distributed)
2021-08-17
Brief amici curiae of Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota filed. (Distributed)
2021-08-17
Brief amici curiae of The District Attorneys Association of the State of New York and The National District Attorneys Association filed. (Distributed)
2021-08-16
Motion for leave to file amicus brief filed by Adam Oustatcher. (Distributed)
2021-08-10
Brief of respondent State of New York filed. (Distributed)
2021-08-04
The Court of Appeals of New York record can be accessed on its website. SEALED record material from the court of appeals electronically received. The Supreme Court of New York, County of Bronx record material has been electronically received.
2021-08-03
CIRCULATED
2021-07-28
Record has been requested from the Court of Appeals of New York.
2021-07-13
ARGUMENT SET FOR Tuesday, October 12, 2021.
2021-06-29
Brief amicus curiae of Constitutional Accountability Center filed.
2021-06-29
Brief amicus curiae of Richard D. Friedman filed.
2021-06-29
Brief amici curiae of The American Civil Liberties Union, et al. filed.
2021-06-29
Brief amici curiae of The Innocence Project and Innocent Network filed.
2021-06-29
Brief amici curiae of Evidence and Criminal Procedure Professors filed.
2021-06-29
Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed.
2021-06-29
Brief amici curiae of The Bronx Defenders, et al. filed.
2021-06-29
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2021-06-22
Joint appendix filed. (Statement of costs filed)
2021-06-22
Brief of petitioner Darrell Hemphill filed.
2021-05-14
Blanket Consent filed by Petitioner, Darrell Hemphill
2021-04-27
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 22, 2021. The time to file respondent's brief on the merits is extended to and including August 10, 2021.
2021-04-23
Motion for an extension of time to file the briefs on the merits filed.
2021-04-19
Petition GRANTED.
2021-04-12
DISTRIBUTED for Conference of 4/16/2021.
2021-03-16
Reply of petitioner Darrell Hemphill filed. (Distributed)
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-01
Brief of respondent State of New York in opposition filed.
2021-01-21
Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2021.
2021-01-20
Motion to extend the time to file a response from February 1, 2021 to March 1, 2021, submitted to The Clerk.
2020-12-18
Brief amici curiae of Evidence and Criminal Procedure Professors filed.
2020-12-18
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2020-12-07
Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2021.
2020-12-04
Motion to extend the time to file a response from December 18, 2020 to February 1, 2021, submitted to The Clerk.
2020-11-18
Blanket Consent filed by Petitioner Darrell Hemphill
2020-11-18
Response Requested. (Due December 18, 2020)
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-13
Waiver of right of respondent State of New York to respond filed.
2020-11-06
Petition for a writ of certiorari filed. (Response due December 10, 2020)
Attorneys
Adam Oustatcher
Adam Seth Oustatcher — Amicus
Association of Criminal Defense Lawyers of New Jersey
Gary S. Stein — Pashman Stein, Amicus
Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota
Constitutional Accountability Center
Darrell Hemphill
Jeffrey L. Fisher — Stanford Law School Supreme Court Clinic, Petitioner
Evidence and Criminal Procedure Professors
Catherine Emily Stetson — Hogan Lovells US LLP, Amicus
National Association of Criminal Defense Lawyers
Richard D. Friedman
Richard D. Friedman — Amicus
State of New York
Gina Mignola — Bronx County District Attorney's Office, Respondent
Noah Jeffrey Chamoy — Office of the Bronx District Attorney, Respondent
The American Civil Liberties Union, The New York Civil Liberties Union and The Rutherford Institute
Caitlin Joan Halligan — Selendy & Gay PLLC, Amicus
The Bronx Defenders, et al.
David John Debold — Gibson, Dunn & Crutcher LLP, Amicus
The District Attorneys Association of the State of New York and The National District Apporneys Association
The Innocence Project and Innocent Network