Whether the Confrontation Clause permits exclusion of evidence that a witness created online videos about fictional sexual conduct when the defendant seeks to introduce such evidence to challenge the witness's credibility

No question identified. : This case presents an important issue regarding the scope of the Confrontation Clause. Baker was charged with sexual abuse. Before trial, Baker provided notice that he intended to introduce YouTube videos that the alleged victim had created and publicly posted online, which told stories about fictional characters and their sexual conduct. The district court excluded the videos under Federal Rule of Evidence 412 because they were sexual in nature. The district court determined that excluding the videos would not violate Baker’s constitutional rights. Baker appealed, and the Tenth Circuit affirmed. The court of appeals held that excluding the videos did not violate the Confrontation Clause because Baker “did not seek to introduce the proffered evidence to demonstrate bias or motive to lie.” App. 18. Although acknowledging that “some commentators have argued a lack of justification for a legal canon that provides constitutional status only to a theory of impeachment demonstrating a witness’s bias or motive to lie,” the court determined that it was bound by prior circuit precedent drawing that line. App. 19. Baker was represented in the district court and court of appeals by the Federal Public Defender for the Western District of Texas, and Assistant Federal Public Defender Carl R. Hennies, a member of the Bar of this Court, represented Baker in the court of appeals and represents him in this Court. Counsel will not have sufficient time to prepare and file the petition for a writ of certiorari in this case by the current deadline due to the press of other cases, including: a reply brief in United States v. Drost, No. 25-50421 (5th Cir.) due on December 29; an expedited appeal in United States v. Burger, Nos. 25-50976 & 2551021 (5th Cir.), with an appellee’s brief due on January 12 and oral argument on January 20; and an opening brief in United States v. Jimenez-Garcia, No. 25-50847 (5th Cir.) due on February 2. Counsel believes that additional time is important to ensure effective representation of Baker. For these reasons, Petitioner respectfully requests that an order be entered extending his time to petition for certiorari in the above-captioned case to and including February 25, 2026. Respectfully submitted. MAUREEN SCOTT FRANCO Federal Public Defender CARL R. HENNIES Assistant Federal Public Defender Counsel of Record OFFICE OF THE FEDERAL PUBLIC DEFENDER WESTERN DISTRICT OF TEXAS Counsel for Petitioner December 29, 2026 CERTIFICATE OF SERVICE I certify that, on December 29, 2026, I have served a copy of the enclosed Application for Extension of Time to File a Petition for Writ of Certiorari on all parties required to be served by enclosing a copy of each in an envelope and delivering it to FedEx, a thirdparty commercial carrier, on, for delivery within three calendar days to: Solicitor General of the United States U.S. Department of Justice 950 Pennsylvania Avenue NW, Room 5614 Washington, D.C. 20530 s/ Carl R. Hennies CARL R. HENNIES Assistant Federal Public Defender Appellate Case: 24-7017 Document: 53-1 Date Filed: 10/27/2025 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS October 27, 2025 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff Appellee, V. No. 24-7017 SEAN PAUL BAKER, Defendant Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA (D.C. No. Carl R. Hennies, Assistant Federal Public Defender (Maureen Scott Franco, Federal Public Defender, with him on the briefs), Western District of Texas, San Antonio, Texas, for Lisa C. Williams, Special Assistant United States Attorney (Christopher J. Wilson, United States Attorney, with her on the brief), Muskogee, Oklahoma, for Plaintiff-Appellee. Before BACHARACH, BALDOCK, and CARSON, Circuit Judges. BALDOCK, Circuit Judge. A jury convicted Defendant Sean Paul Baker, an Indian, on one count of aggravated sexua