No. 22-5520

Anthony Sims, Jr. v. New Jersey

Lower Court: New Jersey
Docketed: 2022-09-07
Status: Denied
Type: IFP
IFP
Tags: confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?

Question Presented (OCR Extract)

QUESTION PRESENTED The Confrontation Clause bars testimonial hearsay when the defendant has not had the opportunity for cross-examination. At Mr. Sims’ trial for attempted murder, in lieu of live testimony from the victim, who was the sole eyewitness to the shooting, the government relied on the victim’s hearsay statements from a hospital bed; these statements were embedded in the transcript of a pre-trial hearing introduced at trial. At the pre-trial hearing, the victim denied any recollection of incriminating Mr. Sims, so defense counsel was unable to cross-examine the victim on the substance of the prior statement. Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause? i .

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2022)

Attorneys

Anthony Sims, Jr.
Peter Thomas BlumN.J. Office of the Public Defender,, Petitioner
Peter Thomas BlumN.J. Office of the Public Defender,, Petitioner