No. 23-7326
Erik Johnson v. Patrick Griffin
Response WaivedIFP
Tags: civil-procedure confrontation-clause criminal-procedure due-process evidence hearsay hearsay-evidence missing-witness missing-witness-instruction testimonial-statement
Latest Conference:
2024-05-30
Question Presented (from Petition)
Whether the admission into evidence, through the testimony of decedent's 10-year-old daughter, of hearsay statements allegedly made by the decedent to the father of her children during a phone call to which the daughter was not privy, violated petitioner's Confrontation Clause rights where the statements were introduced for their truth and the jury was not given an adverse missing witness instruction as to the father, who was present at the courthouse and could have testified.
Question Presented (AI Summary)
Whether the admission into evidence of hearsay statements violated petitioner's Confrontation Clause rights
Docket Entries
2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-09
Waiver of right of respondent Patrick Griffin to respond filed.
2024-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2024)
Attorneys
Erik Johnson
Paul Skip Laisure — Petitioner
Patrick Griffin
John M. Castellano — Queens County District Attorney's Office, Respondent