No. 24-985

Ohio v. Garry Smith

Lower Court: Ohio
Docketed: 2025-03-14
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (3)
Tags: confrontation-clause criminal-procedure due-process emergency-doctrine hearsay-exception testimonial-statements
Key Terms:
SocialSecurity Jurisdiction JusticiabilityDoctri
Latest Conference: 2025-10-10 (distributed 3 times)
Question Presented (from Petition)

Because the Confrontation Clause affords criminal defendants the right during trial "to be confronted with the witnesses against " them , is the initial conversation with police officers , which w as recorded on body -worn camera , nontestimonial when: (1) the injured person makes initial statements to responding officers while receiving emergency medical care for injuries of unknown origin ; (2) the interaction lacks the formality and structure of an investigative interview ; and (3) the statements fall within a "firmly rooted" hearsay exception indicating lack of testimonial intent ?

Question Presented (AI Summary)

Whether statements made to responding officers during emergency medical care are nontestimonial under the Confrontation Clause when lacking investigative formality and falling within a hearsay exception

Docket Entries

2025-10-14
Petition DENIED.
2025-10-14
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2025-10-06
DISTRIBUTED for Conference of 10/10/2025.
2025-09-26
Rescheduled.
2025-07-30
DISTRIBUTED for Conference of 9/29/2025.
2025-07-29
2025-07-29
2025-07-11
2025-07-11
Motion for leave to proceed in forma pauperis filed by respondent Garry Smith.
2025-07-11
Motion of Garry Smith for leave to proceed in forma pauperis submitted.
2025-07-11
Brief of Garry Smith in opposition submitted.
2025-06-11
Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2025.
2025-06-05
Motion to extend the time to file a response from June 13, 2025 to July 14, 2025, submitted to The Clerk.
2025-06-05
Motion of Garry Smith for an extension of time submitted.
2025-06-05
Request for Extention of Time to File Response of Garry Smith submitted.
2025-05-14
2025-05-14
Brief amici curiae of Joyful Heart Foundation and AEquitas filed.
2025-04-23
Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025.
2025-04-20
Motion to extend the time to file a response from May 14, 2025 to June 13, 2025, submitted to The Clerk.
2025-04-20
Motion of Garry Smith for an extension of time submitted.
2025-04-14
Response Requested. (Due May 14, 2025)
2025-03-26
DISTRIBUTED for Conference of 4/17/2025.
2025-03-19
Waiver of right of respondent Garry Smith to respond filed.
2025-03-19
Waiver of Garry Smith of right to respond submitted.
2025-03-10
Petition for a writ of certiorari filed. (Response due April 14, 2025)

Attorneys

Garry Smith
Erika Bloomfield CunliffeCouyahoga County Public Defender's Office, Respondent
Joyful Heart Foundation and AEquitas
Sierra Joy Perez-SparksGoodwin Procter LLP, Amicus
Ohio
Daniel Tuyen VanCuyahoga County Prosecutor's Office, Petitioner