No. 21-5807

Christian Estrada Comacho v. Nebraska

Lower Court: Nebraska
Docketed: 2021-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause covid-19 covid-19-exception criminal-procedure cross-examination due-process interpreter-testimony two-way-video video-testimony witness-demeanor witness-testimony
Latest Conference: 2021-11-12
Question Presented (from Petition)

1. Did the district court err when it allowed testimony
via two-way interactive video on foundational or "factual
scenario" grounds over confrontation objections, due
to witness' claim of COVID-19 concerns.

2. Whether an adult non-witness interpreter's testimony
via two-way interactive video of defendant's alleged
factual statements, adequately preserves the trier of
fact's observation of witness' demeanor, specifically
during cross-examination.

Question Presented (AI Summary)

Did the district court err in allowing testimony via two-way interactive video over confrontation objections due to witness' COVID-19 concerns?

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-26
Waiver of right of respondent Nebraska to respond filed.
2021-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2021)

Attorneys

Christian Comacho
Christian Estrada Comacho — Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent