No. 19-5620

Damien Hyde v. Illinois

Lower Court: Illinois
Docketed: 2019-08-16
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment civil-rights coerced-statements confrontation-clause constitutional-rights criminal-evidence criminal-procedure due-process evidence non-defendant-witnesses substantive-evidence witness-testimony
Latest Conference: 2019-10-11
Question Presented (from Petition)

1. Does the admission of Coerced Statements by Non-defendant Witnesses deprive a defendant of Due Process of law, when they are used during trial as substantive evidence of an accused guilt. This question was posed, but left unanswered by this Court in Turner v. Pennsylvania, 338 U.S. 62, (1949), by such issue. ABLE WITNESSES. Since then, the First and Ninth circuit hold that placing in evidence a coerced statement of a witness in a criminal case who is not a defendant or a parental defendant nevertheless violates a constitutional right of defendant. Though obviously not the right not to be forced to incriminate himself, other jurisdictions, such as the State of Wisconsin, and the Fifth circuit cause such a statement only

Question Presented (AI Summary)

Whether the admission of coerced statements by non-defendant witnesses deprives a defendant of due process of law when used as substantive evidence of guilt

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Damien Hyde
Damien Hyde — Petitioner