hearsay-exception
46 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-969 | Anthony Zottola, Sr. v. United States | Second Circuit | 2026-02-18 | Denied | Response Waived | anonymous-jury declaration-against-penal-interest fair-trial-rights hearsay-exception presumption-of-innocence right-to-present-defense | 1. Whether a defendant's right to present a defense is violated when he is precluded from offering a declarant's out-of-court, self-inculpatory narrat… |
| 25-6550 | George Madison Kitchen, IV v. United States | Eighth Circuit | 2026-01-12 | Denied | Response WaivedIFP | evidence-rule-404b federal-appellate-review hearsay-exception reasonable-suspicion rodriguez-standard traffic-stop | 1. WHETHER THE 8TH CIRCUIT ERRED FINDING THAT REASONABLE SUSPICION EXISTED JUSTIFYING THE STOP OF PETITIONER'S VEHICLE AND MISAPPLYING RODRIGUEZ ON WH… |
| 25-6203 | Misael Fabian Medina v. United States | First Circuit | 2025-11-24 | Denied | Response WaivedIFP | appellate-review evidence-rule excited-utterance hearsay-exception procedural-fairness reliability-standard | Have the federal appellate courts departed too far from the purpose and intent of the excited utterance exception to the hearsay rule, such that the r… |
| 25-5556 | Louis Age, Jr. and Ronald Wilson v. United States | Fifth Circuit | 2025-09-04 | Denied | Response WaivedRelisted (2)IFP | business-record confrontation-clause criminal-procedure due-process evidence-authentication hearsay-exception | 1. Whether the Confrontation Clause permits the prosecution in a criminal trial to present to the jury, in lieu of live testimony and over defense obj… |
| 25-5517 | Joshua Rodriguez v. United States | Second Circuit | 2025-09-02 | Denied | Response WaivedIFP | appellate-review evidence-rule hearsay-exception judicial-interpretation present-sense-impression reliability-standard | Have the federal appellate courts departed too far from the purpose and intent of the present-sense impression exception to the hearsay rule, such tha… |
| 25-86 | Ashok Arora v. Midland Credit Management, et al. | Seventh Circuit | 2025-07-23 | Denied | Response Waived | business-records circuit-split declarant-testimony federal-rules-evidence hearsay-exception summary-judgment | Whether the district court erred or abused its discretion when, at summary judgment, it accepted declarations asserting hearsay facts —supposedly deri… |
| 24-985 | Ohio v. Garry Smith | Ohio | 2025-03-14 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (3) | confrontation-clause criminal-procedure due-process emergency-doctrine hearsay-exception testimonial-statements | Because the Confrontation Clause affords criminal defendants the right during trial "to be confronted with the witnesses against " them , is the initi… |
| 24-6617 | Cedric Dwayne Poore v. Oklahoma | Oklahoma | 2025-02-21 | Denied | IFP | constitutional-right counsel-appointment critical-stage dna-act hearsay-exception post-conviction-procedure | 1. Whether the Oklahoma Court of Criminal Appeals ruling that an omitted claim implicating an excited utterance, an exception to the hearsay rule, is… |
| 24-6340 | Bruce E. Alexander v. United States | Eighth Circuit | 2025-01-21 | Denied | Response WaivedIFP | corroborating-circumstances criminal-procedure evidentiary-standard federal-rules-evidence hearsay-exception statement-against-interest | Whether FRE 804(b)(3)(B) 's requirement that a court fin d "corrobo rating circumstances " that "clearly indicate [a statement 's] trustworthiness " r… |
| 24A623 | Bruce E. Alexander v. United States | Eighth Circuit | 2024-12-23 | Presumed Complete | corroborating-circumstances criminal-procedure evidence-rule-804 exculpatory-statement hearsay-exception unavailable-witness | Question not identified. | |
| 24-5602 | Raymond Christian v. United States | Second Circuit | 2024-09-20 | Denied | Response WaivedIFP | collateral-statements criminal-confession federal-evidence-rule hearsay-exception non-testifying-declarant statement-against-penal-interest | Does Williamson v. United States, 512 U.S. 594 (1994) permit a lower court to admit collateral statements in a non-testifying declarant's confession a… |
| 24-5394 | Nathan Brooks Manuelito v. United States | Ninth Circuit | 2024-08-26 | Denied | Response WaivedIFP | criminal-prosecution dual-purpose-statements evidence-reliability federal-rules-of-evidence hearsay-exception medical-treatment | Whether statements made, in part, to provide evidence for a criminal prosecution can satisfy the hearsay exception in Federal Rule of Evidence 803(4) … |
| 23A972 | Benjamin Biancofiori v. United States | Seventh Circuit | 2024-05-01 | Presumed Complete | confrontation-clause criminal-procedure evidence-admissibility hearsay-exception sex-trafficking sixth-amendment | Question not identified. | |
| 23-6802 | Wally Irizarry-Sisco v. United States | First Circuit | 2024-02-21 | Denied | Response WaivedIFP | child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment | 1. Whether Federal Rule of Evidence 803(2), the hearsay exception for "excited utterances," encompasses out of court statements that (a) go beyond the… |
| 23-6618 | Mabior M. Mabior v. Nebraska | Nebraska | 2024-01-30 | Denied | Response WaivedIFP | appellate-review confrontation-clause cross-examination hearsay hearsay-exception ineffective-assistance sixth-amendment testimonial-statement testimonial-statements | 1) Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters as… |
| 23-640 | Caleb A. C. Smith v. United States | Armed Forces | 2023-12-14 | Denied | Response Waived | 10th-circuit declarant-memory evidence-rule evidence-rules excited-utterance hearsay-exception memory military-rules-of-evidence statement-admissibility testimonial-evidence unpublished-decision | Whether a statement, made hours after an alleged assault that the declarant has no memory of, is admissible as an excited utterance? |
| 23-5199 | Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al. | Third Circuit | 2023-07-26 | Denied | IFP | compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability | 1. IS FEDERAL DUE PROCESS VIOLATED UNDER THE "COMPULSORY PROCESS" WHERE A FEDERAL COURT CONCLUDES THAT A PETITIONER'S COUNSEL INEFFECTIVE CLAIM LACKS … |
| 23-5105 | Russell Garvis Griffith, Jr. v. United States | Tenth Circuit | 2023-07-14 | Denied | IFP | child-abuse circuit-split evidence-rule-803(4) hearsay hearsay-exception household-abuse medical-diagnosis medical-treatment rule-803(4) witness-testimony | Whether a party seeking to admit an out-of-court statement pursuant to Rule 803(4) must show that the speaker subjectively knew that the identity of t… |
| 22-7317 | Rosa V. v. Ali H. | California | 2023-04-19 | Denied | IFP | child-abuse civil-rights confrontation-clause criminal-procedure due-process evidence evidence-law hearsay-exception medical-records out-of-court-statements sixth-amendment | In Our "ShorvG4u* l'tFyMW(ii)Oo5*r'i T prt-sented TVi* .Mtentit- OMvfMd (Vib/^ i/USdod-iau Of pecenis iflfoEi/itUnck- jwtyii, yw+U diSisq^kTH c..!,:^ … |
| 22-581 | Heidi R. Steward, Acting Director, Oregon Department of Corrections v. Frank E. Gable | Ninth Circuit | 2022-12-22 | Denied | Relisted (2) | actual-innocence chambers-v-mississippi due-process evidence evidence-rule habeas-corpus hearsay hearsay-exception recantation third-party-confession | 1. Oregon Evidence Code Rule 804(8)(c), like Federal Rule of Evidence 804(b)(3)(B), allows admission of an out-of-court statement against penal intere… |
| 22-511 | Thomas Dixon v. Texas | Texas | 2022-12-02 | Denied | Response RequestedRelisted (2) | confrontation-clause constitutional-error courtroom-closure crawford-doctrine crawford-v-washington due-process hearsay-confession hearsay-exception hemphill-v-new-york recantations sufficiency-of-the-evidence | QUESTION ONE: Should Crawford be a one-way street? Contrary to Hemphill v. New York, __ U.S. __, 142 S. Ct. 681, 692-93, 211 L.Ed.2d 534 (2022), the t… |
| 22-168 | Ryan James Deroo v. Illinois | Illinois | 2022-08-23 | Denied | Response Waived | constitutional-law due-process evidence evidence-rule ex-post-facto hearsay hearsay-exception medical-records retroactive-modification state-rule | Whether a retroactive modification of a state rule of evidence allowing certain medical records to be admitted as admissible hearsay which was previou… |
| 21-7659 | John Doe v. United States | First Circuit | 2022-04-20 | Denied | Response WaivedIFP | appellate-review business-records criminal-prosecution hearsay-exception interrogation-statements miranda-rights outsider-source standard-of-review trustworthiness | 1. Whether the Court of Appeals erred in affirming the district court's error of admitting the 795-SSA form through the business records exception to … |
| 21-7427 | William Gregory Snow v. Illinois | Illinois | 2022-03-22 | Denied | Response WaivedIFP | constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony | Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as … |
| 21-7051 | Demarcus Antwon Chatmon v. Texas | Texas | 2022-02-03 | Denied | IFP | body-camera body-camera-recording confrontation-clause criminal-procedure due-process hearsay hearsay-exception police-evidence primary-purpose testimonial-statement | The Confrontation Clause grants defendants the right to confront witnesses against them. Here, the trial court overruled objections and allowed accusa… |
| 21-6919 | Kevin Vigil v. United States | Tenth Circuit | 2022-01-20 | Denied | Response WaivedIFP | criminal-jurisdiction criminal-procedure evidence-of-continuous-excitement excited-utterance federal-criminal-jurisdiction federal-evidence-rule federal-rules-of-evidence hearsay-exception indian-country-status indian-law pueblo-lands-act | I. Whether a hearsay statement may be properly admitted as an excited utterance under Fed. R. Evid. 803(2) without evidence that the declarant was und… |
| 21-6653 | Urban Fermin v. Anthony J. Annucci, Acting Commissioner, New York Department of Corrections and Community Supervision | Second Circuit | 2021-12-17 | Denied | IFP | business-records confrontation-clause criminal-procedure dna-evidence evidence hearsay hearsay-exception sixth-amendment | Whether the business record exception to hearsay survives the United States Constitution's Sixth Amendment Confrontation Clause when the regularly con… |
| 21-5405 | George A. Luna v. Anna Valentine, Warden | Sixth Circuit | 2021-08-17 | Denied | Response WaivedIFP | civil-procedure civil-rights confrontation-clause domestic-violence due-process evidentiary-rule federal-jurisdiction forfeiture-by-wrongdoing hearsay-exception pleadings standing witness-unavailability | Under Giles v., California can a State constitutionally introduce a murder victim's out. of court statements to others about defendant's abuse/ pursua… |
| 21-5398 | Scott Estes v. United States | First Circuit | 2021-08-17 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process emergency-call evidence hearsay-exception sixth-amendment testimonial-statements | Did the United States Court of Appeals for the First Circuit fail to correctly apply the objective primary purpose test for testimonial statements mad… |
| 20-1663 | Matthew D. Norwood v. United States | Armed Forces | 2021-05-28 | Denied | Response Waived | criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony | Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e… |
| 20-1132 | DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee | Tennessee | 2021-02-19 | Denied | confrontation-clause constitutional-rights criminal-procedure cross-examination effective-cross-examination federal-law hearsay-exception memory-loss prior-recorded-statement witness-testimony | Whether the Confrontation Clause is violated by admitting a prior recorded statement of a witness who testifies he has no memory of making the stateme… | |
| 20-637 | Darrell Hemphill v. New York | New York | 2020-11-10 | Judgment Issued | Amici (14)Response RequestedResponse WaivedRelisted (3) | confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy | A litigant's argumentation or introduction of evidence at trial is often deemed to "open the door" to the admission of responsive evidence that would … |
| 19-7773 | James Curtis Denton v. United States | Fourth Circuit | 2020-02-26 | Denied | Response WaivedIFP | affidavits business-records confrontation-clause criminal-procedure due-process evidence evidence-admission hearsay-exception sixth-amendment | Whether the introduction of unconfronted affidavits establishing the foundation for admission of business records violates the Confrontation Clause of… |
| 19-7720 | Lamont Jones v. United States | Fourth Circuit | 2020-02-21 | Denied | Response WaivedIFP | 4th-circuit-court abuse-of-discretion co-conspirator-hearsay co-conspirator-hearsay-exception criminal-association criminal-history district-court-conviction hearsay-exception mental-health racketeering-conspiracy racketeering-conspiracy-18-usc-1962(d) sentencing sentencing-discretion sentencing-mental-health-treatment sufficient-evidence uncorroborated-confession | I. Did the 4th Circuit Court of Appeals abuse.it's discretion in upholding the District Court's conviction that the evidence against Jones was suffi… |
| 19-7599 | Tracey Smith-Kilpatrick v. United States | Sixth Circuit | 2020-02-07 | Denied | Response WaivedIFP | business-records confrontation-clause crawford-v-washington evidence-rule federal-rule-of-evidence-803(6) federal-rules-of-evidence government-use hearsay hearsay-exception record-reliability sixth-circuit testimonial-statement testimonial-statements | Whether business records qualify as inadmissible hearsay when the government uses them as testimonial statements and for purposes other than those for… |
| 19-7376 | Alice C. Trappler v. New York | New York | 2020-01-22 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause conspiracy criminal-defendant criminal-procedure due-process forfeiture hearsay hearsay-exception legal-insufficiency sixth-amendment waiver | 1. Upon trial counsel's failure to move to dismiss on legal insufficiency grounds at trail, is the uninformed automatic waiver and silently imposed pe… |
| 19-7218 | Oscar Amezcua Cabrera v. California | California | 2020-01-08 | Denied | Response WaivedIFP | constitutional-principles crawford-precedent crawford-v-washington due-process dying-declaration-exception fifth-amendment fourteenth-amendment hearsay hearsay-exception hearsay-rule prosecutorial-misconduct sixth-amendment testimonial-hearsay | 1. In the context of the dying declaration exception of the hearsay rule, where that declaration is otherwise testimonial hearsay within the ambit of … |
| 18-1482 | Semyya Lanise Cunningham v. United States | Fourth Circuit | 2019-05-29 | Denied | circumstantial-guarantees circumstantial-guarantees-of-trustworthiness credibility credibility-of-witnesses district-court district-court-discretion evidence-law evidence-rule-807 federal-rules-of-evidence hearsay-exception hearsay-rule judicial-discretion residual-hearsay-exception rule-807 trustworthiness witness-credibility | Whether a finding of "circumstantial guarantees of trustworthiness" may be premised on a district court's belief in the truth of the hearsay statement… | |
| 18-1425 | Naren Chaganti v. Commissioner of Internal Revenue | Eighth Circuit | 2019-05-14 | Denied | Response Waived | binding court-order hearsay hearsay-exception internal-revenue-code internal-revenue-code-162(f) litigation-sanctions parties standing stipulations tax-court-rule tax-court-rule-91-a-e tax-court-stipulations tax-cuts-and-jobs-act tax-cuts-and-jobs-act-2017 | 1) Whether stipulations filed under Tax Court Rule 91(a) & (e) are binding on the parties and the Tax Court. 2) Whether statements in a court order i… |
| 18-8894 | Robert L. Mayfield v. United States | Eighth Circuit | 2019-04-18 | Denied | Response WaivedIFP | admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) | Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E). |
| 18-7416 | Javier Solis v. Julie L. Jones, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-01-15 | Denied | IFP | confrontation-clause crawford-precedent crawford-v-washington hearsay hearsay-exception jury-instructions jury-interpretation police-testimony sixth-amendment testimonial-evidence truth-of-the-matter-asserted | A POLICE OFFICER TESTIFIED TO MATTERS OF WHICH HE DID NOT HAVE DIRECT KNOWLEDGE INCLUDING A BOLO BULLETIN. SHOULD "TESTIMONIAL" OR "NON-TESTIMONIAL" … |
| 18-6361 | Bob Lee Jones v. United States | Fourth Circuit | 2018-10-17 | Denied | Response WaivedIFP | due-process fair-trial harmless-error hearsay hearsay-exception involuntary-intoxication judicial-bias judicial-ethics present-sense-impression specific-intent standard-of-review | Whether the District Court's demonstration of bias against the defense in violation of the Judge's ethical canons and in front of the jury impeded Mr.… |
| 18-6060 | James Chavez v. Robert LeGrand, Warden, et al. | Ninth Circuit | 2018-09-20 | Denied | Response WaivedIFP | confrontation-clause crawford-precedent crawford-v-washington cross-examination hearsay-exception preliminary-hearing sixth-amendment testimonial-statements witness-unavailability | Whether, pursuant to Crawford v. Washington, 541 U.S. 36 (2004), a Prosecution can Admit Prior Testimonial Statements, Including a Video-taped Intervi… |
| 18-5916 | Juan Flores v. United States | Eighth Circuit | 2018-09-07 | Denied | Response WaivedIFP | admissibility casual-conversation co-conspirator co-conspirator-statement co-conspirator-statements conspiracy conspiracy-evidence criminal-procedure evidence evidentiary-standard federal-rule-of-evidence federal-rules-of-evidence furtherance-of-conspiracy hearsay-exception | Whether the District Court and Eighth Circuit Court of Appeals erred when it ruled that a statement made during a casual conversation between co-consp… |
| 18-5442 | Craig Alan Wall, Sr. v. Florida | Florida | 2018-08-02 | Denied | Relisted (2)IFP | capital-punishment constitutional-rights crawford-standard crawford-v-washington due-process fifth-amendment forced-appeal fourteenth-amendment hearsay-exception separation-of-powers sixth-amendment unreasonable-determination-of-facts | -CAPITAL CASE- REQUEST TO CERTIFY CONSTITUTIONAL QUESTION IN ACCORDANCE WITH 28 U.S.C. § 2403(b): How is Florida Statute § 90.804(2)(f) (2012) "Hearsa… |
| 18-5394 | Casey Peebles v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedIFP | coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment | In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify to out-of-court statements made by a … |