No. 21-7698

Daniel Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2022-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause correctional-officer evidence hearsay prison sixth-amendment
Latest Conference: 2022-05-26
Question Presented (from Petition)

1) Was the Sixth Amendment guaranty of the right of confrontation denied by the trial introduction of a handwritten statement of a state prison correctional officer, created as part of a formal investigation of a beating of a prisoner, when the statement was written five days after the event and purported to capture the observations of another correctional officer who allegedly relayed them over the phone to the author? Was the right of confrontation further violated when a second witness was allowed to state an observation of that same unavailable declarant?

Question Presented (AI Summary)

Was the Sixth Amendment right of confrontation violated by the introduction of a correctional officer's statement and testimony about another officer's observations?

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States to respond filed.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2022)

Attorneys

Daniel Davis
Ian HipwellManasseh, Gill, Knipe & Belanger, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent