testimonial-statements
36 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25A460 | George Sharrod Johns v. Georgia | Georgia | 2025-10-22 | Presumed Complete | confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements | Question not identified. | |
| 24-7155 | John Fitzgerald Gayles v. Arizona | Arizona | 2025-05-07 | Denied | Response WaivedIFP | arizona-rules-of-evidence fraudulent-evidence jury-trial state-evidence testimonial-statements trial-court-discretion | 1) The Question Is WHETHER The Trial Court Abused Its Discretion When It Erroneously Allowed The State Of Arizona To Admit Testimonial State-Ments (th… |
| 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… |
| 24-6389 | Kalontae Carter, aka Kelontae Carter v. Doug Luneke, Warden | Sixth Circuit | 2025-01-24 | Denied | IFP | accomplice-testimony confrontation-clause criminal-procedure out-of-court-statements sixth-amendment testimonial-statements | I. Whether the Confrontation Clause of the Sixth Amendment prohibits the introduction and use of statements made by a non-testifying accomplice which … |
| 24-6101 | Halim Khan v. United States | Ninth Circuit | 2024-12-10 | Denied | Response WaivedIFP | confrontation-clause criminal-prosecution due-process interpreter-testimony sixth-amendment testimonial-statements | Whether translated out-of-court testimonial statements may be admitted by the Government as evidence against a defendant without providing the defenda… |
| 24-5913 | Lili Zhang Tydingco v. United States | Ninth Circuit | 2024-11-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | alien-harboring-act confrontation-clause constitutional-interpretation criminal-prosecution cross-examination testimonial-statements | 1. Whether translated out-of-court testimonial statements may be admitted by the Government as evidence against a defendant without providing the defe… |
| 24-330 | Cid C. Franklin v. New York | New York | 2024-09-24 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (9) | bail-report confrontation-clause criminal-procedure cross-examination sixth-amendment testimonial-statements | 1. Whether the Sixth Amendment's Confrontation Clause applies to out-of-court statements admitted as evidence against criminal defendants if, and only… |
| 23-7711 | Philong Nghia Huynh v. J. Lizarraga | Ninth Circuit | 2024-06-13 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure criminal-trial forensic-nurse sixth-amendment surrogate-nurse surrogate-testimony testimonial-statements testimony | Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a surrogate nurse conveyin… |
| 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… |
| 23-6618 | 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… |
| 23-6559 | Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. | Third Circuit | 2024-01-24 | Denied | Response WaivedRelisted (2)IFP | appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements | 1. Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that… |
| 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… |
| 22-7075 | Dennis Morgan Hicks v. Alabama | Alabama | 2023-03-22 | Denied | IFP | child-witnesses confrontation-clause crawford-v-washington criminal-defendant hearsay prior-statements sixth-amendment testimonial-statements witness-testimony | 1. Whether a criminal defendant is deprived of his Sixth Amendment right to confront witnesses against him, as set forth in Crawford v. Washington and… |
| 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… | |
| 22-6561 | Telly Hankton v. United States | Fifth Circuit | 2023-01-18 | Denied | Response WaivedIFP | confrontation-clause conspiracy-liability criminal-procedure federal-circuit-courts forfeiture-by-wrongdoing sixth-amendment standard-of-proof testimonial-statements | By what standard of proof does the Sixth Amendment permit the admission at trial of prior testimonial statements under the forfeiture by wrongdoing ex… |
| 21-8237 | Odece Dempsean Hill v. Mark Brnovich, Attorney General of Arizona, et al. | Ninth Circuit | 2022-06-27 | Denied | Response WaivedIFP | confrontation-clause crawford-precedent crawford-v-washington forensic-nurse-examiner melendez-diaz-v-massachusetts ninth-circuit sexual-assault sexual-assault-victim testimonial-statements | Whether the Confrontation Clause permits the prosecution to introduce the testimonial statements of a non-testifying sexual assault victim lay witness… |
| 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… |
| 20-8312 | Ronald Delester Burke v. Washington | Washington | 2021-06-15 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination nurse-examiner sexual-assault sexual-assault-nurse-examiner sixth-amendment testimonial-statements | Does the Confrontation Clause of the Sixth Amendment prohibit a Sexual Assault Nurse Examiner from testifying about statements made during a forensic … |
| 20-8151 | Marcus D. Williams v. California | California | 2021-05-26 | Denied | IFP | confrontation-clause constitutional-evidence criminal-procedure due-process evidence-admissibility forensic-evidence forensic-testing hearsay hearsay-evidence testimonial-statement testimonial-statements | 1. What degree of formality is necessary before hearsay statements contained within a forensic testing report which connect an accused to the testing … |
| 20-8099 | Joseph Reinwand v. Susan Novak, Warden | Seventh Circuit | 2021-05-24 | Denied | Response WaivedIFP | certificate-of-appealability confrontation-clause confrontation-rights due-process fair-trial fourteenth-amendment habeas-corpus sixth-amendment testimonial-statements | 1. Whether the Seventh Circuit Court of Appeals Failed to Apply the Law on Deceased out-of-court testimonial Statements by a Non-testifying Witness. T… |
| 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… |
| 20-6918 | Richard Moseley, Sr. v. United States | Second Circuit | 2021-01-26 | Denied | Response WaivedIFP | conflict-of-law confrontation-clause criminal-law due-process fair-warning overfederalization-of-criminal-law rico rico-statute testimonial-statements unlawful-debt | I. Whether the Court should decide an important question involving the overfederalization of criminal law: namely, whether a defendant is provided fai… |
| 20-5805 | Ian Resnick v. United States | Third Circuit | 2020-09-28 | Denied | Response WaivedIFP | confrontation-clause crawford-v-washington criminal-procedure due-process fraud-loss overview-testimony sentencing-guidelines sixth-amendment testimonial-statements | 1) Whether the Confrontation Clause of the Sixth Amendment permits, under the guise of "overview testimony", the admission against a criminal defenda… |
| 20-5665 | Nathaniel Marcus Gann v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2020-09-11 | Denied | IFP | confrontation-clause constitutional-law criminal-procedure due-process evidence evidence-admissibility habeas-corpus testimonial-statements | 1) IS THE ADMISSION OF IRRELEVANT OR OVERTLY PREJUDICIAL EVIDENCE A DUE PROCESS VIOLATION? (AND IS SUCH A VIOLATION SUFFICIENT TO ISSUE A WRIT OF HABE… |
| 20-317 | Dakai Chavis v. Delaware | Delaware | 2020-09-10 | Denied | Response RequestedResponse WaivedRelisted (4) | confrontation-clause criminal-procedure dna-evidence evidence-admissibility multi-analyst-testing out-of-court-statements testimonial-statements | Whether the Confrontation Clause permits DNA evidence obtained as the result of a multi-analyst testing process to be introduced against the defendant… |
| 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… |
| 19-7932 | Enrique Auch v. Massachusetts | Massachusetts | 2020-03-10 | Denied | IFP | confrontation-clause criminal-procedure cross-examination evidence-law feigning memory-loss out-of-court-statements sixth-amendment testimonial-statements witness-testimony | Whether the Confrontation Clause permits the prosecution to introduce out-of-court testimonial statements from a witness who is feigning memory loss a… |
| 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… |
| 19-7097 | Juan Sanchez v. California | California | 2019-12-30 | Denied | IFP | confrontation-clause criminal-procedure cross-examination due-process out-of-court-statements prior-testimony testimonial-statements trial-evidence witness-memory witness-testimony | Whether a defendant in a criminal case is denied the opportunity for full and effective cross-examination in violation of the Confrontation Clause by … |
| 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… |
| 19-5936 | Cesar Rosario Lopez-Ramos v. Minnesota | Minnesota | 2019-09-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause criminal-procedure cross-examination foreign-language-interpreter police-interrogation sixth-amendment testimonial-statements translation-evidence | Whether the Sixth Amendment's Confrontation Clause permits the prosecution to introduce testimonial statements in the form of an unidentified foreign … |
| 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… |
| 18-9428 | Robert L. Jenkins v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. | Fifth Circuit | 2019-05-24 | Denied | Response WaivedIFP | appellate-jurisdiction bullcoming-v-new-mexico civil-rights confrontation-clause constitutional-rights crawford-v-washington criminal-procedure due-process evidence-law forensic-evidence judicial-review melendez-diaz-v-massachusetts testimonial-statements | This COURT's 2OO4 dECiSiON iN CRAWfORd v. WAshingtOn, 541 U.S. 36 (2004) clEARly ESTAblishEd thAT, puRSUANT to thE CONFRONtATiON ClAUSE of THE SiXth A… |
| 18-8902 | Gustav Kloszewski v. United States | Second Circuit | 2019-04-18 | Denied | Response WaivedIFP | confrontation-clause constitutional-interpretation Crawford-precedent crawford-v-washington criminal-procedure due-process evidence evidence-admissibility precedent sixth-amendment testimonial-statements | Did the lower court fail to follow this Court's precedent in Crawford v. Washington, 541 U.S. 36 (2004). |
| 18-8379 | John Anthony Dobbs v. Texas | Texas | 2019-03-11 | Denied | IFP | civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements | BECAUSE SANE NURSE EXAMINATIONS HAVE EVOLVED INTO A DUAL MEDICAL AND FORENSIC PURPOSE, HAVE THE STATEMENTS OBTAINED BECOME 'TESTIMONIAL' FOR PURPOSES … |
| 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… |