testimonial-evidence
52 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-689 | George Sharrod Johns v. Georgia | Georgia | 2025-12-12 | Pending | Amici (2)Response RequestedResponse Waived | autopsy confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence | A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony b… |
| 25-6000 | Demeccio Caston v. Louisiana | Louisiana | 2025-10-30 | Denied | Response WaivedIFP | confrontation-clause crawford-rule criminal-procedure due-process hearsay testimonial-evidence | Whether permitting a detective to testify to unconfronted, testimonial hearsay statements that directly inculpate a defendant statements, made by witn… |
| 25-290 | Christopher Odeku v. Texas | Texas | 2025-09-12 | Pending | Response RequestedResponse WaivedRelisted (2) | confrontation-clause constitutional-law nurse-examiner sexual-assault sixth-amendment testimonial-evidence | Are a complainant's statements to a sexual assault nurse examiner (SANE) testimonial for purposes of the Sixth Amendment's Confrontation Clause? |
| 25A239 | Demeccio Caston v. Louisiana | Louisiana | 2025-08-29 | Presumed Complete | confrontation-clause crawford-precedent criminal-procedure hearsay sixth-amendment testimonial-evidence | In Petitioner's case, the Louisiana Fourth Circuit Court of Appeals announced a change in prior law that inculpatory hearsay statements made by witnes… | |
| 24A677 | NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P. | Fifth Circuit | 2025-01-10 | Presumed Complete | bankruptcy-litigation burden-of-proof credibility-determination oral-agreement summary-judgment testimonial-evidence | Whether the Fifth Circuit erred in applying the summary judgment standard under Rule 56 by drawing its own credibility determinations and adverse infe… | |
| 24-6201 | Christopher Jeorge Millican v. United States | Ninth Circuit | 2024-12-26 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure hearsay search-warrant sixth-amendment testimonial-evidence | Whether the Confrontation Clause allows the admission at trial—without confrontation of the declarant—of documents created in response to a search war… |
| 24-5871 | Jeremy Travis Payne v. United States | Ninth Circuit | 2024-10-31 | Denied | Response WaivedIFP | biometric-data constitutional-rights criminal-procedure fifth-amendment self-incrimination testimonial-evidence | Is the forced use by the police of a person's biometrics to open a locked cellphone "testimonial" within the meaning of this Court's Fifth Amendment p… |
| 24-5544 | Evan Wald v. New York | New York | 2024-09-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | autopsy-report confrontation-clause crawford-standard criminal-procedure homicide-investigation testimonial-evidence | Whether a certified autopsy report—created as part of a homicide investigation and asserting that the cause of death was homicide—is "testimonial" und… |
| 23-7592 | Ynedra Diggs v. United States | Fifth Circuit | 2024-05-30 | Denied | Response WaivedIFP | bruton-rule bruton-v-united-states co-defendant-statements confrontation-clause constitutional-rights criminal-procedure fifth-amendment fifth-circuit testimonial-evidence testimonial-statements unavailable-witnesses | WAS MS. DIGGS'S CONSTITUTIONAL RIGHT TO CONFRONTATION VIOLATED WHEN THE DISTRICT COURT ADMITTED RECORDED STATEMENTS OF UNAVAILABLE CODEFENDANTS INTO E… |
| 23-1249 | Timothy Patrick Guilfoy v. Brandon Watwood, Warden | Sixth Circuit | 2024-05-29 | Denied | Response Waived | confrontation-clause criminal-procedure due-process fair-trial habeas-corpus jury-misconduct right-to-confront testimonial-evidence | After a first trial resulted in a hung jury, Petitioner was retried and ultimately convicted of sexual assault. Suspecting foul play during trial, def… |
| 23-7509 | Thomas J. Moore v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Eleventh Circuit | 2024-05-20 | Denied | IFP | burden-of-proof capital-case criminal-procedure due-process fair-trial ineffective-assistance prosecutorial-misconduct religious-arguments testimonial-evidence trial-counsel | In a capital case where the petitioner has always maintained his innocence, where the petitioner testified in his own defense, and where the prosecuti… |
| 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? |
| 23-6072 | James Richards v. United States | Eighth Circuit | 2023-11-21 | Denied | Response WaivedIFP | confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence | this Court review the Betitioner's Trial Court Transcript Record on April 21, 2021, and all appeals. Counsel Arkie Byrd was so ineffective for failing… |
| 23-5927 | Katerin Martinez-Alberto v. United States | First Circuit | 2023-10-31 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure cross-examination defendant-rights due-process evidence jury-instructions plain-error self-incrimination testimonial-evidence testimony | 1. Does display of a defendant's body part (a foot) to the jury constitute testimony that subjects the defendant to cross-examination? 2. In a multi-… |
| 23-5238 | John Edward Scott v. United States | Fifth Circuit | 2023-07-28 | Denied | Response WaivedIFP | appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements | Who has the burden to show that a report sought to be introduced includes "raw, machine produced data" and not testimonial statements triggering the C… |
| 23-5156 | Markerrion D'Shon Allison v. Texas | Texas | 2023-07-24 | Denied | Response WaivedIFP | confrontation-clause constitutional-error expert-testimony informant out-of-court-statement personal-knowledge testimonial-evidence witness-confrontation | Whether a police officer's testimony relating an unidentified informant's outof-court statement regarding the meaning of the phrase "pulling a Carlos"… |
| 22-899 | Jason Smith v. Arizona | Arizona | 2023-03-16 | Judgment Issued | Amici (10)Response RequestedResponse WaivedRelisted (2) | 6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert convey… |
| 22-885 | South Carolina v. Angela D. Brewer | South Carolina | 2023-03-15 | Denied | confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements | Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test… | |
| 22-6401 | William Clyde Culberson, Jr. v. Texas | Texas | 2022-12-28 | Denied | IFP | 6th-amendment confrontation-clause crawford-vs-washington criminal-procedure due-process evidence evidence-law medical-records sixth-amendment testimonial-evidence | IS MEDICAL RECORDS CONSIDERED AS CONFRONTATION CLAUSE COVERED UNDER CRAWFORD VS. WASHINGTONA. |
| 22-5520 | Anthony Sims, Jr. v. New Jersey | New Jersey | 2022-09-07 | Denied | IFP | confrontation-clause criminal-trial cross-examination hearsay hearsay-statement memory-loss pre-trial-hearing sixth-amendment testimonial-evidence | The Confrontation Clause bars testimonial hearsay when the defendant has not had the opportunity for cross-examination. At Mr. Sims' trial for attempt… |
| 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… |
| 21-8262 | Antonio Jones v. Frank Vanihel, Warden | Seventh Circuit | 2022-06-29 | Denied | Response WaivedIFP | confrontation-clause cross-examination due-process fourteenth-amendment police-investigation right-to-present-defense sixth-amendment testimonial-evidence witness-credibility | Whether the Sixth and Fourteenth Amendments, as constructed in Crawford v. Washington, 541 U.S. 36 (2004), Dutton v. Evans, 400 U.S. 74 (1970) and Bru… |
| 21-618 | Armand Jones v. Mississippi | Mississippi | 2021-10-27 | Denied | Response RequestedResponse WaivedRelisted (2) | codefendant-conduct codefendant-liability confrontation-clause confrontation-right criminal-procedure forfeiture-by-wrongdoing sixth-amendment testimonial-evidence witness-unavailability | Whether a defendant forfeits his Sixth Amendment right to confront a witness against him when the defendant did not engage in conduct designed to prev… |
| 21-39 | Benjamin Ramirez Ruiz v. California | California | 2021-07-12 | Denied | Response Waived | child-protective-services confrontation-clause crawford-v-washington criminal-procedure evidence-law ongoing-emergency sixth-amendment testimonial-evidence testimonial-statement | Was a statement made to a child protective services investigator testimonial for the purposes of the Sixth Amendment Confrontation Clause as establish… |
| 20-1548 | Natalio Fridman v. United States | Second Circuit | 2021-05-06 | Denied | Response Waived | act-of-production collective-entity-doctrine corporate-records fifth-amendment foregone-conclusion-doctrine irs-summons self-incrimination testimonial-evidence | 1. Does an individual retain his Fifth Amendment privilege in the face of the "foregone conclusion doctrine" when an IRS summons requires him, in effe… |
| 20-1470 | Thomas A. Jeffrey v. Pennsylvania | Pennsylvania | 2021-04-20 | Denied | Response Waived | confrontation-clause crawford-v-washington criminal-procedure due-process emergency-medical-treatment evidence-collection sexual-assault testimonial-evidence | Whether statements made by a suspected sexual assault victim at the emergency room to hospital personnel during the sexual assault evidence collection… |
| 20-5369 | Don Farmer v. Bernard Booker, Warden | Fourth Circuit | 2020-08-17 | Denied | Response WaivedIFP | confrontation-clause court-procedure crawford-vs-washington due-process evidence-testimonial ineffective-assistance legal-standards professional-norms sixth-amendment testimonial-evidence verbal-testimony witness-testimony | 1.) Whether the evidence supplied through verbal testimony of a witness is considered testimonial (where statements must be functionally identical to … |
| 20-5345 | Clarence Taylor v. United States | Ninth Circuit | 2020-08-13 | Denied | Response WaivedIFP | administrative-law confrontation confrontation-right due-process government-burden hearsay revocation-proceeding testimonial-evidence witness-hearsay witness-testimony | Whether due process requires the government to make an affirmative showing that a witness is afraid to testify before relying on testimonial hearsay a… |
| 20-5344 | Christopher Taylor v. Illinois | Illinois | 2020-08-13 | Denied | Response RequestedResponse WaivedRelisted (4)IFP | 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence | Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him where a court admits into evidence a certified… |
| 19-8803 | Bennie Adams v. Ohio | Ohio | 2020-06-24 | Denied | IFP | autopsy-report confrontation-clause crawford-v-washington criminal-procedure evidence-law sixth-amendment testimonial-evidence | Is an autopsy report testimonial evidence that demands confrontation under Crawford v. Washington, 541 U.S. 36 (2004), and the Sixth Amendment to the … |
| 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… |
| 19-8607 | Derrick Thompson v. Patrick Griffin, Superintendent, Sullivan Correctional Facility | Second Circuit | 2020-06-04 | Denied | Relisted (2)IFP | confrontation-clause fair-trial forensic-analysis forensic-evidence ineffective-assistance ineffective-assistance-of-counsel right-to-fair-trial sixth-amendment speedy-trial testimonial-evidence testimonial-statements | Does the Confrontation Clause permit the prosecution to introduce testimonial identification statements of a non-testifying forensic analyst through t… |
| 19-1065 | Teresa Ann Johnson v. Alaska | Alaska | 2020-02-28 | Denied | Response RequestedResponse WaivedRelisted (2) | confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence | 1. Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of … |
| 19-7128 | Mojisola Popoola v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | 5th-amendment digital-evidence encrypted-devices encryption fifth-amendment miranda-warnings police-custody search-and-seizure self-incrimination standing suppression testimonial-conduct testimonial-evidence | 1. Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone, is testimoni… |
| 19-6474 | Christopher Andrew Tank v. Michigan | Michigan | 2019-11-01 | Denied | Response WaivedIFP | confrontation-clause confrontation-clause-violation constitutional-rights constitutional-rights-violation criminal-procedure due-process dying-declaration prejudicial-effect sixth-amendment testimonial-dying-declarations testimonial-evidence | I. WHETHER TESTIMONIAL DYING DECLARATIONS VIOLATE THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT; AND, WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS WER… |
| 19-6294 | Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk | First Circuit | 2019-10-17 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure | Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,… |
| 19-6275 | Dennis Jones v. Massachusetts | Massachusetts | 2019-10-16 | Denied | Amici (1)Response WaivedIFP | act-of-production compelled-decryption due-process exception fifth-amendment foregone-conclusion self-incrimination testimonial-evidence | Does the Fifth Amendment's act of production doctrine apply to compelled decryption? If so, what does the foregone conclusion exception to the act of … |
| 19-5758 | Peter J. Hanson v. Wisconsin | Wisconsin | 2019-08-29 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure due-process evidence hearsay out-of-court-statements sixth-amendment testimonial-evidence | Whether out-of-court statements offered for purposes "other than their truth" ever implicate the Sixth Amendment right to Confrontation? |
| 19-6 | New York v. Jahmarley Jones | New York | 2019-06-28 | Denied | Response RequestedRelisted (2) | confrontation-clause crawford-v-washington criminal-procedure gang-evidence police-investigation police-investigations sixth-amendment testimonial-evidence testimonial-statements | Whether statements made by individuals during routine police investigations – prior to the commission of a specific crime, the identification of a sus… |
| 18-1579 | Ronnie Ricks, Jr. v. Texas | Texas | 2019-06-25 | Denied | Response Waived | 5th-amendment criminal-procedure custodial-interrogation defendant-rights due-process evidence miranda right-to-counsel self-incrimination sixth-amendment testimonial-evidence video-evidence | Whether showing a videotape containing invoked his right to counsel? |
| 18-9555 | Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township | Third Circuit | 2019-06-05 | Denied | Response WaivedIFP | autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence | WHETHER THIS COURT SHOULD CONSIDER IF THE INTRODUCTION OF AN AUTOPSY REPORT WHICH WAS PRESENTED AS SUBSTANTIVE EVIDENCE BUT NOT TESTIFIED TO BY ITS AU… |
| 18A1253 | Niraj Prabhakar Patel v. Connecticut | Connecticut | 2019-06-03 | Presumed Complete | co-conspirator-statement confrontation-clause criminal-procedure hearsay sixth-amendment testimonial-evidence | Question not identified. | |
| 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… |
| 18-8944 | Timmy W. Doucet v. Louisiana | Louisiana | 2019-04-23 | Denied | Response WaivedIFP | criminal-procedure due-process evidence jury-deliberation jury-deliberations louisiana-criminal-code reasonable-doubt reversible-error sixth-amendment testimonial-evidence | Whether reasonable jurists determine that it was reversible error for the district court to permit the jury, over defense counsel's objections, to vie… |
| 18-8880 | M. A. Edwards, aka Michael Anthony Edwards v. Scott Semple, Commissioner, Connecticut Department of Correction | Second Circuit | 2019-04-17 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process evidence fabricated-testimony fraud government-misconduct impeachment standing testimonial-evidence testimonial-statement | Can the government tell the triers of fact that defendant confessed to murder' Isiah C Manuel, born 3/3/65, a fictitious person that does not exist to… |
| 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? |
| 18-7416 | 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" … |
| 18-7010 | Jermaine Mitchell v. United States | First Circuit | 2018-12-12 | Denied | Response WaivedIFP | confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence | Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro… |
| 18-5904 | Donavan Cross v. United States | Eighth Circuit | 2018-09-06 | Denied | Response WaivedIFP | confrontation-clause constructive-delivery constructive-possession controlled-substance-offense controlled-substances criminal-law criminal-procedure drug-delivery due-process intent sentencing sentencing-guidelines testimonial-evidence | (1) Whether a statute that criminalizes a constructive delivery of drugs without bona fide intent to transfer possession is a felony "controlled subst… |
| 18-5534 | Juan Carrasquilla-Lombada, et al. v. United States | Eleventh Circuit | 2018-08-09 | Denied | IFP | confrontation-clause jurisdiction jury-trial maritime-drug-law maritime-drug-law-enforcement-act pre-trial-hearing sixth-amendment statutory-interpretation testimonial-evidence | Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment right… |
| 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… |
| 18-5173 | Wilberth Medina Garcia v. United States | Fifth Circuit | 2018-07-09 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay | 1. Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of a… |