testimonial

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-1020 Utah v. Alfonso Valdez Utah 2024-03-18 Denied Amici (1) cellphone cellphone-privacy criminal-procedure fifth-amendment foregone-conclusion passcode self-incrimination testimonial testimonial-communication 1. Is disclosing a cellphone passcode that has no substantive meaning testimonial under the Fifth Amendment when the only information communicated is …
22-5271 Jose Erbo, aka Tito, aka Pinguita, aka Miguel Garcia v. United States Second Circuit 2022-08-03 Denied Response WaivedIFP 6th-amendment autopsy-reports confrontation-clause due-process legal-conflict supreme-court-precedent supreme-court-precedents testimonial testimonial-evidence Whether Autopsy Reports Are Testimonial For Purposes Of The Confrontation Clause, And Whether The Unreasonable Application Of Clearly Established Su…
21-637 William Lee, Superintendent, Eastern Correctional Facility v. James Garlick Second Circuit 2021-11-01 Denied autopsy-report confrontation-clause deference habeas-corpus harmless-error testimonial 1. In granting habeas corpus relief to a state court prisoner, did the Second Circuit create a circuit split and deny the state court judgment the def…
21-5438 Noe Gerardo Morin v. Bobby Lumpkin. Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-08-20 Denied IFP brady-disclosure confrontation-clause crawford-standard crawford-v-washington fundamental-fairness hearsay hearsay-statement ineffective-counsel non-testimonial prejudice right-to-confront testimonial Mr.Morin alleges that the district court erred by mischaracterizing • statements from a non-testifying witness, resulting in severe prejudice agains…
20-8326 Michael Adefemi Adeyemo, aka Adekunle Olufemi Adetiloye v. United States Eighth Circuit 2021-06-16 Denied Response WaivedIFP criminal-procedure fifth-amendment incriminating nexus-requirement obstruction-of-justice plea-colloquy self-incrimination separate-offense testimonial I. Whether the Fifth Amendment "self-incrimination clause" protects a defendant during the change of plea colloquy against compulsory self-disclosure …
20-7990 Jose Meza v. Stuart Sherman, Warden Ninth Circuit 2021-05-11 Denied Response WaivedIFP bruton-v-united-states co-defendant-statements co-defendants confrontation-clause constitutional-procedure crawford-v-washington criminal-evidence informant ninth-circuit-interpretation testimonial testimonial-statements 1. Did the Ninth Circuit err in holding that Crawford v. Washington, 541 U.S. 36 (2004) effectively and silently overruled Bruton v. United States, 39…
19-8661 Justo Jonah Santos v. United States Eleventh Circuit 2020-06-10 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence The lower court in this case admitted into evidence an immigration officer's handwritten notes and checkmarks on a naturalization application, made du…
19-6493 Theresa Gail Scanlan v. Washington Washington 2019-11-05 Denied Response WaivedIFP accuser confrontation-clause criminal-procedure medical-evidence medical-personnel police-interrogation police-involvement prosecutorial-purpose prosecutorial-use sixth-amendment testimonial testimonial-statements When police officers repeatedly inform an accuser that his statements to medical personnel will be given to the police and prosecuting authorities for…
18-9470 R. Jay Thompson v. Oklahoma Oklahoma 2019-05-29 Denied IFP confrontation-clause evidence hearsay hearsay-statements sane-nurse sexual-assault sixth-amendment testimonial testimonial-evidence 1. Are hearsay statements made to a SANE nurse by a witness complaining of sexual assault, who is not available at trial because of death, testimonial…
18-8795 Luis Alberto Armendariz-Chavez v. United States Fifth Circuit 2019-04-11 Denied Response WaivedIFP confrontation-clause due-process fifth-circuit immigration immigration-law removal testimonial testimonial-evidence warrant warrant-of-removal Whether an immigration officer's warrant of removal is testimonial for purposes of the Confrontation Clause?
18-5399 Joseph Andrew Perez v. California California 2018-07-30 Denied IFP autopsy-report autopsy-reports confrontation-clause crawford-standard crawford-v-washington criminal-procedure homicide-investigation homicide-investigations sixth-amendment testimonial testimonial-evidence Whether an autopsy report created as part of a homicide investigation, and asserting that the death was caused by homicide, is "testimonial" under the…