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Ohio v. Clark

Docket No. Op. Below Argument Opinion Vote Author Term
13-1352 Ohio Mar 2, 2015 Jun 18, 2015 9-0 Alito OT 2014

Holding: The introduction at trial of statements made by a three-year-old boy to his teachers identifying his mother"s boyfriend as the source of his injuries did not violate the Confrontation Clause, when the child did not testify at trial, because the statements were not made with the primary purpose of creating evidence for prosecution.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on June 18, 2015. Justice Scalia filed an opinion concurring in the judgement, in which Justice Ginsburg joined. Justice Thomas filed an opinion concurring in the judgement.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/11/2013Application (13A930) to extend the time to file a petition for a writ of certiorari from March 24, 2014 to May 8, 2014, submitted to Justice Kagan.
03/13/2014Application (13A930) granted by Justice Kagan extending the time to file until May 8, 2014.
05/08/2014Petition for a writ of certiorari filed. (Response due June 11, 2014)
05/08/2014Appendix of Ohio filed.
05/30/2014Order extending time to file response to petition to and including July 11, 2014.
06/05/2014Brief amicus curiae of Ohio Prosecuting Attorneys Association filed.
06/09/2014Brief amicus curiae of American Professional Society on the Abuse of Children filed.
06/11/2014Brief amicus curiae of Domestic Violence Legal Empowerment & Appeals Project (DV LEAP) filed.
06/11/2014Brief amici curiae of Washington, et al. filed.
07/01/2014Brief of respondent Darius Clark in opposition filed.
07/01/2014Motion for leave to proceed in forma pauperis filed by respondent Darius Clark.
07/16/2014DISTRIBUTED for Conference of September 29, 2014.
07/17/2014Reply of petitioner Ohio filed. (Distributed)
10/02/2014Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
10/02/2014Petition GRANTED.
10/22/2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
10/22/2014Motion to appoint counsel filed by respondent Darius Clark.
10/22/2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
10/29/2014Motion DISTRIBUTED for Conference of November 14, 2014.
11/17/2014Motion to appoint counsel filed by respondent GRANTED. Jeffrey L. Fisher, Esquire, of Stanford, California, is appointed to serve as counsel for the respondent in this case.
11/17/2014Brief of petitioner Ohio filed.
11/17/2014Joint appendix filed. (Statement of costs filed.)
11/21/2014Brief amicus curiae of Criminal Justice Legal Foundation filed.
11/21/2014Brief amici curiae of New Mexico, and National District Attorneys Association filed.
11/24/2014Brief amicus curiae of Domestic Violence Legal Empowerment & Appeals Project (DV LEAP) filed.
11/24/2014Brief amicus curiae of United States filed.
11/24/2014Brief amicus curiae of Child Justice, Inc. filed.
11/24/2014Brief amici curiae of National Education Association, et al. filed.
11/24/2014Brief amici curiae of Ohio Prosecuting Attorneys Association, et al. filed.
11/24/2014Brief amici curiae of Fern L. Nesson and Charles R. Nesson filed.
11/24/2014Brief amicus curiae of American Professional Society on the Abuse of Children filed.
11/24/2014Brief amici curiae of Washington, et al. filed.
12/04/2014The time to file respondent's brief on the merits is extended to and including January 7, 2015.
12/11/2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/22/2014SET FOR ARGUMENT ON Monday, March 2, 2015
12/22/2014Record requested from Supreme Court of Ohio.
01/07/2015CIRCULATED.
01/07/2015Brief of respondent Darius Clark filed. (Distributed)
01/12/2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/12/2015Record received from Supreme Court of Ohio, the record is electronic.
01/14/2015Brief amicus curiae of Innocence Network filed. (Distributed)
01/14/2015Brief amici curiae of Arizona Attorneys for Criminal Justice, et al. filed. (Distributed)
01/14/2015Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
01/14/2015Brief amici curiae of Family Defense Center and Other Advocates for Families filed. (Distributed)
01/14/2015Brief amici curiae of Richard D.Friedman and Stephen J. Ceci filed. (Distributed)
01/14/2015Brief amici curiae of Southwestern Law Student Bernadette M. Bolan, Professors Norman M Garland, and Michael M. Epstein, et al. filed. (Distributed)
01/30/2015Record received from Ohio 8th District Court of Appeals, Cuyahoga County. 1-Box.
02/04/2015Reply of petitioner Ohio filed. (Distributed)
03/02/2015Argued. For petitioner: Matthew Edmund Meyer, Assistant Prosecuting Attorney, Cleveland, Ohio; and Ilana Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jeffrey L. Fisher, Stanford, Cal.
06/18/2015Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined. Thomas, J., filed an opinion concurring in the judgment.
07/20/2015MANDATE ISSUED.
07/21/2015Record from Ohio 8th District Court of Appeals has been returned.