No. 23-7326

Erik Johnson v. Patrick Griffin

Lower Court: Second Circuit
Docketed: 2024-04-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement
Key Terms:
DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference: 2024-05-30
Question Presented (AI Summary)

Whether the admission into evidence of hearsay statements violated petitioner's Confrontation Clause rights

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the admission into evidence, through the testimony of decedent’s 10-year-old daughter, of hearsay statements allegedly made by the decedent to the father of her children during a phone call to which the daughter was not privy, violated petitioner’s Confrontation Clause rights where the statements were introduced for their truth and the jury was not given an adverse missing witness instruction as to the father, who was present at the courthouse and could have testified. i TABLE OF APPENDICES

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-09
Waiver of right of respondent Patrick Griffin to respond filed.
2024-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2024)

Attorneys

Erik Johnson
Paul Skip Laisure — Petitioner
Paul Skip Laisure — Petitioner
Patrick Griffin
John M. CastellanoQueens County District Attorney's Office, Respondent
John M. CastellanoQueens County District Attorney's Office, Respondent