testimonial-statement

16 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24A38 Cid C. Franklin v. New York New York 2024-07-12 Presumed Complete bail-hearing confrontation-clause criminal-procedure evidence-admission sixth-amendment testimonial-statement 1. This case raises the fundamental question of when a statement is "testimonial" and thus subject to the Sixth Amendment's Confrontation Clause. See …
23-7326 Erik Johnson v. Patrick Griffin Second Circuit 2024-04-29 Denied Response WaivedIFP civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement Whether the admission into evidence, through the testimony of decedent's 10-year-old daughter, of hearsay statements allegedly made by the decedent to…
23-6618 Mabior M. Mabior v. Nebraska Nebraska 2024-01-30 Denied Response WaivedIFP appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements 1) Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters as…
23A358 Ohio v. William Johnson Ohio 2023-10-20 Presumed Complete 911-call confrontation-clause domestic-violence emergency-exception hearsay-evidence testimonial-statement Question not identified.
22-6462 Jerome K. Ta'afulisia v. Washington Washington 2023-01-05 Denied Response WaivedIFP confrontation-clause crawford-v-washington evidence-creation law-enforcement-solicitation michigan-v-bryant ohio-v-clark police-investigation primary-purpose-test sixth-amendment testimonial-statement Is a statement testimonial for purposes of the Confrontation Clause of the Sixth Amendment when the speaker talks with a trusted family member who is …
22-155 Hiral M. Patel v. Connecticut Connecticut 2022-08-18 Denied Response Waived bourjaily-v-united-states confrontation-clause confrontation-rights crawford-v-washington criminal-procedure davis-v-washington due-process dutton-v-evans evidence-admission michigan-v-bryant penal-interest testimonial-statement Whether a statement against penal interest— e made by an inmate/declarant who was moved into the cell of an inmate/informant, who was then outfitted …
21-7051 Demarcus Antwon Chatmon v. Texas Texas 2022-02-03 Denied IFP body-camera body-camera-recording confrontation-clause criminal-procedure due-process hearsay hearsay-exception police-evidence primary-purpose testimonial-statement The Confrontation Clause grants defendants the right to confront witnesses against them. Here, the trial court overruled objections and allowed accusa…
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 as establish…
20-8151 Marcus D. Williams v. California California 2021-05-26 Denied IFP confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements 1. What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing …
20-5984 Ricardo Woods v. Brian Cook, Warden Sixth Circuit 2020-10-09 Denied Response WaivedIFP batson-challenge batson-v-kentucky confrontation-clause constitutional-law dying-declaration giles-v-california peremptory-challenge sixth-amendment testimonial-statement trial-procedure This case presents two critical questions of constitutional law, one related to the introduction of a suspect identification, made by a profoundly par…
19-7599 Tracey Smith-Kilpatrick v. United States Sixth Circuit 2020-02-07 Denied Response WaivedIFP business-records confrontation-clause crawford-v-washington evidence-rule federal-rule-of-evidence-803(6) federal-rules-of-evidence government-use hearsay hearsay-exception record-reliability sixth-circuit testimonial-statement testimonial-statements Whether business records qualify as inadmissible hearsay when the government uses them as testimonial statements and for purposes other than those for…
19-361 Renado Smith and Richard Delancy v. United States Eleventh Circuit 2019-09-18 Denied Amici (3) confrontation-clause criminal-evidence criminal-procedure custody-release deposition-testimony due-process good-faith-effort investigative-steps prosecutorial-misconduct prosecutorial-procedure sixth-amendment testimonial-statement unavailability witness-unavailability The Confrontation Clause permits prosecutors to introduce the out-of-court testimonial statements of an absent witness only if the witness is "unavail…
19-159 Carlos Tapia v. New York New York 2019-08-02 Denied Response RequestedResponse WaivedRelisted (2) confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement Whether, when a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, the witness's mere presen…
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' Isiah C Manuel, born 3/3/65, a fictitious person that does not exist to…
18-8379 John Anthony Dobbs v. Texas Texas 2019-03-11 Denied IFP civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements BECAUSE SANE NURSE EXAMINATIONS HAVE EVOLVED INTO A DUAL MEDICAL AND FORENSIC PURPOSE, HAVE THE STATEMENTS OBTAINED BECOME 'TESTIMONIAL' FOR PURPOSES …
18-6909 Albert Andrew Lucero v. Kim Holland, Warden Ninth Circuit 2018-12-04 Denied Response WaivedIFP bruton-rule bruton-v-united-states co-defendant confrontation-clause confrontation-clause-rights crawford-analysis crawford-v-washington harmless-error joint-trial sixth-amendment testimonial-statement Was the California Court of Appeal's decision contrary to, or an unreasonable application of, this Court's jurisprudence holding that the Sixth Amendm…