No. 21-5687

Darrell Hochhalter v. Jason Clendenion, Warden

Lower Court: Sixth Circuit
Docketed: 2021-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment confrontation-clause due-process false-evidence impeachment plain-error recent-fabrication witness-impeachment
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Does 'recent fabrication' rise to the same significance as 'false evidence' in influencing the fairness of a trial per the 14th Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1.) As some jurisdictions have rules regarding recent fabrication and others do not; does “recent fabrication” rise to the same significance as “false evidence” in influencing the fairness of a trial per the 14th Amendment as stated in 405 US 150, and 360 US 264 and does its presence warrant a finding of plain error? ; . 2.) In a question of impeachment and due process, per the 14» Amendment; if a witness makes a sworn testimony at trial that is inconsistent with a previous out-of-court statement, and admits freely that they made the out-of: court statement and that it was a fabrication, does that then make the out-of, court statement consistent with the current sworn testimony and is that witness still subject to impeachment proceedings? 3.) Do the 6 amendment confrontation clause and 14th amendment due process clause apply to extrinsic interviews, of a sequestered complainant, used as substantive evidence at trial where the complainant has been unduly influenced by agents of the state and defense counsel is not permitted to be present and prevent improper (leading, suggestive, repeated) questioning? 3 . / \ : a : ; sk . | : . PARTIES All parties appear in the caption of the case on the cover page.

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-24
Waiver of right of respondent Jason Clendenion to respond filed.
2021-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2021)

Attorneys

Darrell Hochhalter
Darrell Hochhalter — Petitioner
Jason Clendenion
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent