No. 22-5471

Tremain Lamar Braxton, Timothy Roy Mason, and Darrell Lee-Lamont Summers, II v. United States

Lower Court: Sixth Circuit
Docketed: 2022-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause confrontation-rights criminal-sexual-conduct criminal-trial cross-examination evidence-exclusion incentive-to-testify sixth-amendment witness-credibility
Key Terms:
CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether a defendant's Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly took place and may have provided the witness an incentive to shade or fabricate his testimony in the Government's favor

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioners were indicted on drug distribution conspiracy charges. Pretrial, the Government discovered child pornography created by its star witness—the charged conspiracy’s leader—on the witness’s smartphone. The evidence also showed the witness committing criminal sexual conduct against the underage girl. Petitioners sought to cross-examine the witness regarding the child pornography and criminal sexual conduct to show that the witness had an additional incentive to favor the Government in his cooperation and testimony— beyond the deal he received in the drug conspiracy case. The district court barred any references to the child pornography and criminal sexual assault on crossexamination at trial, and the jury convicted Petitioners. The question presented is: Whether a defendant’s Sixth Amendment confrontation rights are violated when a trial court bars all cross-examination about events that concededly took place and may have provided the witness an incentive to shade or fabricate his testimony in the Government’s favor.

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-09
Waiver of right of respondent United States to respond filed.
2022-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2022)
2022-06-21
Application (21A842) granted by Justice Kavanaugh extending the time to file until August 26, 2022.
2022-06-16
Application (21A842) to extend the time to file a petition for a writ of certiorari from June 27, 2022 to August 26, 2022, submitted to Justice Kavanaugh.

Attorneys

Tremain Lamar Braxton, et al.
Sarah M. Riley HowardPinsky Smith Fayette & Kennedy LLP, Petitioner
Sarah M. Riley HowardPinsky Smith Fayette & Kennedy LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent