No. 23-7150

Elana Gordon v. Massachusetts

Lower Court: Massachusetts
Docketed: 2024-04-05
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (4)IFP
Tags: confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel
Key Terms:
DueProcess ClassAction
Latest Conference: 2024-10-18 (distributed 4 times)
Question Presented (AI Summary)

Whether the Confrontation Clause permits the prosecution to present testimony by a substitute forensic expert conveying testimonial statements of a non-testifying analyst

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic expert conveying testimonial statements of a non-testifying forensic analyst on the grounds that the testifying expert offers a purportedly “independent opinion.” 2. Whether the Sixth Amendment right to counsel precludes a criminal defendant’s trial counsel from suggesting to a jury that trial counsel does not believe the testimony of the defendant. 1

Docket Entries

2024-11-22
Judgment and Mandate Issued.
2024-10-21
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Smith</i> v. <i>Arizona</i>, 602 U. S. ___ (2024).
2024-10-15
DISTRIBUTED for Conference of 10/18/2024.
2024-10-07
DISTRIBUTED for Conference of 10/11/2024.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-08
Brief of Respondent of Commonwealth of Massachusetts submitted.
2024-08-08
Brief of respondent Massachusetts in opposition filed.
2024-05-30
Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2024.
2024-05-29
Motion to extend the time to file a response from June 13, 2024 to August 12, 2024, submitted to The Clerk.
2024-05-14
Response Requested. (Due June 13, 2024)
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-02
Waiver of right of respondent Massachusetts to respond filed.
2024-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)

Attorneys

Commonwealth of Massachusetts
Nicole Marie NixonMassachusetts Office of the Attorney General, Respondent
Elana Gordon
Christopher L. DeMayoLaw Office of Christopher DeMayo, Petitioner
Massachusetts
Tara Lyn JohnstonMassachusetts Attorney General's Office, Respondent
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent