No. 22-5577
Marvin Davis v. Kevin Genovese, Warden
Response WaivedIFP
Tags: child-interview child-witness confrontation-clause constitutional-challenge criminal-procedure due-process effective-assistance-counsel forensic-interviewer hearsay hearsay-statements sixth-amendment statutory-interpretation
Latest Conference:
2022-10-28
Question Presented (from Petition)
(1) WHETHER THE TRIAL COURT ERRED IN ALLOWING THE CHILD VIDEO INTERVIEW AND WHETHER T.C.A. SECTION 24-7-123 IS [UNCONSTITUTIONAL?
(2) WHETHER THE PETITIONER WAS DENIED THE RIGHT GUARANTEED TO HIM BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION TO THE EFFECTIVE ASSISTANCE OF COUNSEL?
(2)-A: ERROR TO OBJECT TO PREJUDICIAL HEARSAY STATEMENTS,
(2)-B: ERROR BY CONTINUALLY REFERRING TO THOSE STATEMENTS,
(2)-C: ERROR TO FOLLOW UP ON A RULE 412 MOTION,
(2)-D: ERROR TO CROSS-EXAMINE THE CHILD FORENSIC INTERVIEWER.
Question Presented (AI Summary)
Whether the trial court erred in allowing the child video interview and whether T.C.A. section 24-7-123 is unconstitutional?
Docket Entries
2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-22
Waiver of right of respondent Kevin Genovese, Warden to respond filed.
2022-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2022)
Attorneys
Kevin Genovese, Warden
T. Austin Watkins — Office of Tennessee Attorney General, Respondent
Marvin Davis
Marvin Davis — Petitioner