testimonial-evidence

52 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-689 George Sharrod Johns v. Georgia Georgia 2025-12-12 Pending Amici (2)Response RequestedResponse Waived autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Whether testimony by a 'peer review' pathologist who did not perform the original autopsy violates the Confrontation Clause when the original patholog…
25-6000 Demeccio Caston v. Louisiana Louisiana 2025-10-30 Denied Response WaivedIFP confrontation-clause crawford-rule criminal-procedure due-process hearsay testimonial-evidence Whether permitting a detective to testify to unconfronted, testimonial hearsay statements that directly inculpate a defendant statements, made by witn…
25-290 Christopher Odeku v. Texas Texas 2025-09-12 Pending Response RequestedResponse Waived confrontation-clause constitutional-law nurse-examiner sexual-assault sixth-amendment testimonial-evidence Are a complainant's statements to a sexual assault nurse examiner (SANE) testimonial for purposes of the Sixth Amendment's Confrontation Clause?
25A239 Demeccio Caston v. Louisiana Louisiana 2025-08-29 Presumed Complete confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits introduction of inculpatory evidence through an investigating officer when the underlying witness does not te…
24A677 NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. Fifth Circuit 2025-01-10 Presumed Complete bankruptcy-litigation burden-of-proof credibility-determination oral-agreement summary-judgment testimonial-evidence Whether a federal appellate court may improperly weigh testimonial evidence and draw adverse credibility inferences when reviewing a summary judgment …
24-6201 Christopher Jeorge Millican v. United States Ninth Circuit 2024-12-26 Denied Response WaivedIFP confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence Whether the Confrontation Clause allows the admission of testimonial documents created in response to a search warrant without direct confrontation of…
24-5871 Jeremy Travis Payne v. United States Ninth Circuit 2024-10-31 Denied Response WaivedIFP biometric-data constitutional-rights criminal-procedure fifth-amendment self-incrimination testimonial-evidence Whether the forced use of biometric data to unlock a cellphone constitutes a 'testimonial' act under the Fifth Amendment
24-5544 Evan Wald v. New York New York 2024-09-13 Denied Response RequestedResponse WaivedRelisted (2)IFP autopsy-report confrontation-clause crawford-standard criminal-procedure homicide-investigation testimonial-evidence Whether a certified autopsy report created as part of a homicide investigation is 'testimonial' under the Confrontation Clause framework established i…
23-7592 Ynedra Diggs v. United States Fifth Circuit 2024-05-30 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant-statements confrontation-clause constitutional-rights criminal-procedure fifth-amendment fifth-circuit testimonial-evidence testimonial-statements unavailable-witnesses Was Ms. Diggs's constitutional right to confrontation violated?
23-1249 Timothy Patrick Guilfoy v. Brandon Watwood, Warden Sixth Circuit 2024-05-29 Denied Response Waived confrontation-clause criminal-procedure due-process fair-trial habeas-corpus jury-misconduct right-to-confront testimonial-evidence Whether a DVD recording containing testimonial evidence of the accusers, admitted as an exhibit, but never played during the trial, may be viewed by t…
23-7509 Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2024-05-20 Denied IFP burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel Ineffective-assistance-of-counsel
23-640 Caleb A. C. Smith v. United States Armed Forces 2023-12-14 Denied Response Waived 10th-circuit declarant-memory evidence-rule evidence-rules excited-utterance hearsay-exception memory military-rules-of-evidence statement-admissibility testimonial-evidence unpublished-decision Whether a statement made hours after an alleged assault is admissible as an excited utterance?
23-6072 James Richards v. United States Eighth Circuit 2023-11-21 Denied Response WaivedIFP confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's…
23-5927 Katerin Martinez-Alberto v. United States First Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination?
23-5238 John Edward Scott v. United States Fifth Circuit 2023-07-28 Denied Response WaivedIFP appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements Who has the burden to show that a report sought to be introduced includes 'raw, machine produced data' and not testimonial statements triggering the C…
23-5156 Markerrion D'Shon Allison v. Texas Texas 2023-07-24 Denied Response WaivedIFP confrontation-clause constitutional-error expert-testimony informant out-of-court-statement personal-knowledge testimonial-evidence witness-confrontation Whether a police officer's testimony relating an unidentified informant's out-of-court statement regarding the meaning of a phrase violated the defend…
22-899 Jason Smith v. Arizona Arizona 2023-03-16 Judgment Issued Amici (10)Response RequestedResponse WaivedRelisted (2) 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence Whether the Confrontation Clause permits the prosecution to present testimony by a substitute expert conveying the testimonial statements of a nontest…
22-885 South Carolina v. Angela D. Brewer South Carolina 2023-03-15 Denied confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test…
22-6401 William Clyde Culberson, Jr. v. Texas Texas 2022-12-28 Denied IFP 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence Is medical records considered as confrontation clause covered under Crawford vs. Washington?
22-5520 Anthony Sims, Jr. v. New Jersey New Jersey 2022-09-07 Denied IFP confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?
22-5271 Jose Erbo, aka Tito, aka Pinguita, aka Miguel Garcia v. United States Second Circuit 2022-08-03 Denied Response WaivedIFP 6th-amendment autopsy-reports confrontation-clause due-process legal-conflict supreme-court-precedent supreme-court-precedents testimonial testimonial-evidence Whether Autopsy Reports Are Testimonial For Purposes Of The Confrontation Clause, And Whether The Unreasonable Application Of Clearly Established Supr…
21-8262 Antonio Jones v. Frank Vanihel, Warden Seventh Circuit 2022-06-29 Denied Response WaivedIFP confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility Whether the Sixth and Fourteenth Amendments were violated
21-618 Armand Jones v. Mississippi Mississippi 2021-10-27 Denied Response RequestedResponse WaivedRelisted (2) codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev…
21-39 Benjamin Ramirez Ruiz v. California California 2021-07-12 Denied Response Waived child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause
20-1548 Natalio Fridman v. United States Second Circuit 2021-05-06 Denied Response Waived act-of-production collective-entity-doctrine corporate-records fifth-amendment foregone-conclusion-doctrine irs-summons self-incrimination testimonial-evidence Does an individual retain his Fifth Amendment privilege in the face of the 'foregone conclusion doctrine' when an IRS summons requires him, in effect,…
20-1470 Thomas A. Jeffrey v. Pennsylvania Pennsylvania 2021-04-20 Denied Response Waived confrontation-clause crawford-v-washington criminal-procedure due-process emergency-medical-treatment evidence-collection sexual-assault testimonial-evidence Whether statements made by a suspected sexual assault victim at the emergency room to hospital personnel during the sexual assault evidence collection…
20-5369 Don Farmer v. Bernard Booker, Warden Fourth Circuit 2020-08-17 Denied Response WaivedIFP confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony Whether the evidence supplied through verbal testimony of a witness is considered testimonial
20-5345 Clarence Taylor v. United States Ninth Circuit 2020-08-13 Denied Response WaivedIFP administrative-law confrontation confrontation-right due-process government-burden hearsay revocation-proceeding testimonial-evidence witness-hearsay witness-testimony Whether due process requires the government to make an affirmative showing that a witness is afraid to testify before relying on testimonial hearsay a…
20-5344 Christopher Taylor v. Illinois Illinois 2020-08-13 Denied Response RequestedResponse WaivedRelisted (4)IFP 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him
19-8803 Bennie Adams v. Ohio Ohio 2020-06-24 Denied IFP autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the …
19-8661 Justo Jonah Santos v. United States Eleventh Circuit 2020-06-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence Whether the immigration officer's handwritten notes and checkmarks on a naturalization application are 'testimonial' and subject to the Sixth Amendmen…
19-8607 Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility Second Circuit 2020-06-04 Denied Relisted (2)IFP confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements Does the Confrontation Clause permit the introduction of testimonial identification statements of a non-testifying forensic analyst?
19-1065 Teresa Ann Johnson v. Alaska Alaska 2020-02-28 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of non…
19-7128 Mojisola Popoola v. United States Fourth Circuit 2019-12-31 Denied Response WaivedIFP 5th-amendment digital-evidence encrypted-devices encryption fifth-amendment miranda-warnings police-custody search-and-seizure self-incrimination standing suppression testimonial-conduct testimonial-evidence Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone is testimonial c…
19-6474 Christopher Andrew Tank v. Michigan Michigan 2019-11-01 Denied Response WaivedIFP confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence Whether testimonial dying declarations violate the Confrontation Clause of the Sixth Amendment
19-6294 Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk First Circuit 2019-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,…
19-6275 Dennis Jones v. Massachusetts Massachusetts 2019-10-16 Denied Amici (1)Response WaivedIFP act-of-production compelled-decryption due-process exception fifth-amendment foregone-conclusion self-incrimination testimonial-evidence Does the Fifth Amendment's act of production doctrine apply to compelled decryption? If so, what does the foregone conclusion exception to the act of …
19-5758 Peter J. Hanson v. Wisconsin Wisconsin 2019-08-29 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence Whether out-of-court statements offered for purposes 'other than their truth' ever implicate the Sixth Amendment right to Confrontation?
19-6 New York v. Jahmarley Jones New York 2019-06-28 Denied Response RequestedRelisted (2) confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements Whether statements made by individuals during routine police investigations — prior to the commission of a specific crime, the identification of a sus…
18-1579 Ronnie Ricks, Jr. v. Texas Texas 2019-06-25 Denied Response Waived 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence Whether showing a videotape containing testimonial actions is proper, after an accused has invoked his right to counsel?
18-9555 Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township Third Circuit 2019-06-05 Denied Response WaivedIFP autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence Whether the introduction of an autopsy report which was presented as substantive evidence but not testified to by its author violates the Sixth and Fo…
18A1253 Niraj Prabhakar Patel v. Connecticut Connecticut 2019-06-03 Presumed Complete co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence Whether the Confrontation Clause permits the admission of an out-of-court inculpatory statement made by a non-testifying co-conspirator in a prison re…
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes
18-8944 Timmy W. Doucet v. Louisiana Louisiana 2019-04-23 Denied Response WaivedIFP criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie…
18-8880 M. A. Edwards, aka Michael Anthony Edwards v. Scott Semple, Commissioner, Connecticut Department of Correction Second Circuit 2019-04-17 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence fabricated-testimony fraud government-misconduct impeachment standing testimonial-evidence testimonial-statement Can the government tell the triers of fact that defendant confessed to murder
18-8795 Luis Alberto Armendariz-Chavez v. United States Fifth Circuit 2019-04-11 Denied Response WaivedIFP confrontation-clause due-process fifth-circuit immigration immigration-law removal testimonial testimonial-evidence warrant warrant-of-removal Whether an immigration officer's warrant of removal is testimonial for purposes of the Confrontation Clause?
18-7416 Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections Eleventh Circuit 2019-01-15 Denied IFP confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted Whether 'testimonial' or 'non-testimonial' should be the only factor in deciding whether Crawford's protection should apply
18-7010 Jermaine Mitchell v. United States First Circuit 2018-12-12 Denied Response WaivedIFP confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro…
18-5904 Donavan Cross v. United States Eighth Circuit 2018-09-06 Denied Response WaivedIFP confrontation-clause constructive-delivery constructive-possession controlled-substance-offense controlled-substances criminal-law criminal-procedure drug-delivery due-process intent sentencing sentencing-guidelines testimonial-evidence Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony 'controlled substance…
18-5534 Juan Carrasquilla-Lombada, et al. v. United States Eleventh Circuit 2018-08-09 Denied IFP confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence Whether the Maritime Drug Law Enforcement Act violates the Sixth Amendment by precluding the jury from determining jurisdiction and allowing the gover…
18-5399 Joseph Andrew Perez v. California California 2018-07-30 Denied IFP autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is 'testimonial' under the…
18-5173 Wilberth Medina Garcia v. United States Fifth Circuit 2018-07-09 Denied Response WaivedIFP confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of anal…