No. 21-6653

Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision

Lower Court: Second Circuit
Docketed: 2021-12-17
Status: Denied
Type: IFP
IFP
Tags: business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18
Question Presented (from Petition)

Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause when the regularly conducted business activity of that business is the production of evidence for use at trial.

Or alternatively;

Whether the admission of testimony as to DNA test results conducted by nontestifying analyst through surrogate criminalist witness who did not perform actual test violated the Sixth Amendment Confrontation Clause.

Question Presented (AI Summary)

Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2021-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2022)

Attorneys

Urban Fermin
Urban Fermin — Petitioner