testimonial-hearsay
20 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-512 | Jibril Adamu v. United States | Second Circuit | 2025-10-24 | Pending | confrontation-clause criminal-procedure drug-trafficking extraterritorial-application sixth-amendment testimonial-hearsay | 1. Whether the crime of possession with intent to distribute under 21 U.S.C. §959(c)(2) applies extraterritorially. 2. Whether a non-testifying analy… | |
| 24A172 | Evan Wald v. New York | New York | 2024-08-13 | Presumed Complete | autopsy-report confrontation-clause criminal-evidence cross-examination sixth-amendment testimonial-hearsay | Whether an autopsy report created in conjunction with a homicide investigation and finding the cause of death to be a homicide is "testimonial" under … | |
| 23-7672 | Andrew Culler v. Ohio | Ohio | 2024-06-07 | Denied | IFP | confrontation-clause due-process medical-examination sexual-assault sixth-amendment testimonial-hearsay victim-statements | The admission of testimonial hearsay violates the Sixth Amendment's Confrontation Clause. In this case, the medical/sexual assault nurse's examination… |
| 23-6763 | Armani L. Moore v. Illinois | Illinois | 2024-02-15 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure evidence evidence-law memory-loss sixth-amendment testimonial-hearsay unavailable-witness witness-unavailability | Whether a declarant is "unavailable to testify" for purposes of the Sixth Amendment, and as that phrase is used in Crawford v. Washington, 541 U.S. 36… |
| 22-6293 | Dkyle Jamal Bridges v. United States | Third Circuit | 2022-12-13 | Denied | Response WaivedIFP | 4th-amendment automobile-exception confrontation-clause confrontation-right fourth-amendment franks-hearing plain-view sentencing-factors sex-trafficking testimonial-hearsay | 1. Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle, which had in plain view only innocuous… |
| 21-8139 | Duenta Grier v. Georgia | Georgia | 2022-06-14 | Denied | Response WaivedIFP | availability confrontation-clause constitutional-rights criminal-procedure cross-examination due-process government-agent minors testimonial-hearsay witness-availability | Was the Confrontation Clause violated when the State presented testimonial hearsay consisting of out-of-court statements to a government agent alleged… |
| 21-210 | Wisconsin v. Mark D. Jensen | Wisconsin | 2021-08-13 | Denied | Response RequestedResponse WaivedRelisted (6) | confrontation-clause criminal-procedure domestic-abuse emergency-exception future-crime ongoing-emergency sixth-amendment testimonial-hearsay | 1. Can a person's statement expressing fear about a possible future crime be testimonial under the Sixth Amendment's Confrontation Clause? 2. When a … |
| 20-8307 | Lamar McKnight v. Josie Gastelo, Warden | Ninth Circuit | 2021-06-15 | Denied | Response WaivedIFP | confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay | I. Should a COA Have Been Granted to Decide If the Trial Court's Admission of the Gang Expert's Testimonial Hearsay Deprived McKnight of His Right to … |
| 20-6820 | Eljarod Lawson v. California | California | 2021-01-12 | Denied | Response WaivedIFP | confrontation confrontation-clause constitutional-immunity due-process sexual-assault sixth-amendment sixth-fourteenth-amendment testimonial-hearsay witness-unavailability | A. Was the Sixth Amendment right of confrontation violated when the court allowed the use of the prior transcripted testimony of the complaining witne… |
| 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 … |
| 20-6141 | David William Smith v. United States | Fourth Circuit | 2020-10-27 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay | This Petition will permit the Court to resolve two profound splits among the federal courts of appeals. The first circuit split concerns when, if at … |
| 20-5297 | Demarius Bridges v. Illinois | Illinois | 2020-08-07 | Denied | IFP | confrontation-clause criminal-procedure due-process hearsay hearsay-testimony right-to-confrontation sixth-amendment standing testimonial-hearsay unavailable-witness | 2. Can unconfronted testimonial hearsay be used to secure the admission at trial of other unconfronted testimonial hearsay? 3. Did the state fail to … |
| 19-7485 | Michael J. Aguon v. Warren L. Montgomery, Warden, et al. | Ninth Circuit | 2020-01-29 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause confrontation-clause-crawford-v-washington crawford-v-washington due-process effective-assistance-of-counsel gang-expert ineffective-assistance-of-counsel miranda-v-arizona miranda-warnings police-investigation police-officer-gang-expert prosecutorial-misconduct testimonial-hearsay | IN LIGHT OF THE FACT THAT THE PROSECUTION'S GANG EXPERT IS AND WAS AT ALL TIMES A POLICE OFFICER ENGAGED IN INVESTIGATING CRIMES WHEN INTERVIEWING ALL… |
| 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 … |
| 19-6503 | Pedro Jorge Moreno-Garcia v. United States | Fifth Circuit | 2019-11-06 | Denied | Response WaivedIFP | confrontation-clause deportation fifth-amendment fifth-circuit immigration supreme-court testimonial-hearsay warrant-of-removal | Is an immigration officer's signature on a warrant of removal attesting that he witnessed the alien depart the United States testimonial hearsay subje… |
| 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,… |
| 19-5895 | Lavar Eady v. Massachusetts | Massachusetts | 2019-09-10 | Denied | Response WaivedIFP | chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter | Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as… |
| 18-8862 | Roderick White v. Louisiana | Louisiana | 2019-04-17 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (3)IFP | confrontation-clause constitutional-interpretation crawford-v-washington cross-examination due-process evidence memory-loss testimonial-hearsay united-states-v-owens | Whether the rule of United States v. Owens, 484 U.S. 554 (1988), as used by courts to admit testimonial hearsay from witnesses not amenable to cross-e… |
| 18-5778 | Jon Duke DePriest v. Pam Bondi, Attorney General of Florida, et al. | Eleventh Circuit | 2018-08-27 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure due-process habeas-corpus hearsay sixth-amendment testimonial-hearsay | WHETHER PETITIONER'S SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES AGAINST HIM WERE VIOLATED WHEN THE PROSECUTOR PROVIDED TESTIMONIAL HEARSAY STATEMENTS… |
| 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… |