No. 24-985

Ohio v. Garry Smith

Lower Court: Ohio
Docketed: 2025-03-14
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (3)
Tags: confrontation-clause criminal-procedure due-process emergency-doctrine hearsay-exception testimonial-statements
Key Terms:
SocialSecurity Jurisdiction JusticiabilityDoctri
Latest Conference: 2025-10-10 (distributed 3 times)
Question Presented (AI Summary)

Whether statements made to responding officers during emergency medical care are nontestimonial under the Confrontation Clause when lacking investigative formality and falling within a hearsay exception

Question Presented (OCR Extract)

Because the Confrontation Clause affords criminal defendants the right during trial “to be confronted with the witnesses against ” them , is the initial conversation with police officers , which w as recorded on body -worn camera , nontestimonial when: (1) the injured person makes initial statements to responding officers while receiving emergency medical care for injuries of unknown origin ; (2) the interaction lacks the formality and structure of an investigative interview ; and (3) the statements fall within a “firmly rooted” hearsay exception indicating lack of testimonial intent ?

Docket Entries

2025-10-14
Petition DENIED.
2025-10-14
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2025-10-06
DISTRIBUTED for Conference of 10/10/2025.
2025-09-26
Rescheduled.
2025-07-30
DISTRIBUTED for Conference of 9/29/2025.
2025-07-29
2025-07-29
2025-07-11
2025-07-11
Motion for leave to proceed in forma pauperis filed by respondent Garry Smith.
2025-07-11
Motion of Garry Smith for leave to proceed in forma pauperis submitted.
2025-07-11
Brief of Garry Smith in opposition submitted.
2025-06-11
Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2025.
2025-06-05
Motion to extend the time to file a response from June 13, 2025 to July 14, 2025, submitted to The Clerk.
2025-06-05
Motion of Garry Smith for an extension of time submitted.
2025-06-05
Request for Extention of Time to File Response of Garry Smith submitted.
2025-05-14
2025-05-14
Brief amici curiae of Joyful Heart Foundation and AEquitas filed.
2025-04-23
Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025.
2025-04-20
Motion to extend the time to file a response from May 14, 2025 to June 13, 2025, submitted to The Clerk.
2025-04-20
Motion of Garry Smith for an extension of time submitted.
2025-04-14
Response Requested. (Due May 14, 2025)
2025-03-26
DISTRIBUTED for Conference of 4/17/2025.
2025-03-19
Waiver of right of respondent Garry Smith to respond filed.
2025-03-19
Waiver of Garry Smith of right to respond submitted.
2025-03-10
Petition for a writ of certiorari filed. (Response due April 14, 2025)

Attorneys

Garry Smith
Erika Bloomfield CunliffeCouyahoga County Public Defender's Office, Respondent
Erika Bloomfield CunliffeCouyahoga County Public Defender's Office, Respondent
Joyful Heart Foundation and AEquitas
Sierra Joy Perez-SparksGoodwin Procter LLP, Amicus
Sierra Joy Perez-SparksGoodwin Procter LLP, Amicus
Ohio
Daniel Tuyen VanCuyahoga County Prosecutor's Office, Petitioner
Daniel Tuyen VanCuyahoga County Prosecutor's Office, Petitioner