Hemphill v. New York
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-637 | N.Y. | Oct 5, 2021 | Jan 20, 2022 | 8-1 | Sotomayor | OT 2021 |
Holding: The trial court's admission, over Hemphill's objection, of the plea allocution transcript of an unavailable witness violated Hemphill's Sixth Amendment right to confront the witnesses against him.
Judgment: Reversed and Remanded, 8-1, in an opinion by Justice Sotomayor on January 20, 2022. Justice Alito filed a concurring opinion, in which Justice Kavanaugh joined. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Justices affirm Crawford's application of Sixth Amendment confrontation clause to testimonial evidence (Shaakirrah Sanders, January 25, 2022)
- Court rejects "door opening" as a Sixth Amendment confrontation-clause exception (Shaakirrah Sanders, January 20, 2022)
- Justices probe both sides in clash between confrontation clause and evidentiary rules (Shaakirrah Sanders, October 8, 2021)
- Will the court recognize New York's "door opening" rule as an exception to the Sixth Amendment's confrontation clause? (Shaakirrah Sanders, October 4, 2021)
- Cases on Boston Marathon bomber, CIA secrets headline October argument calendar (Amy Howe, July 13, 2021)
- Justices add confrontation-clause case to next term's docket (Amy Howe, April 19, 2021)
- Two Sixth Amendment claims and an ERISA lawsuit (John Elwood, April 15, 2021)
- Petitions of the week: Re-opening church doors and opening evidentiary doors (Andrew Hamm, December 11, 2020)
| Date | Proceedings and Orders |
|---|---|
| 11/06/2020 | Petition for a writ of certiorari filed. (Response due December 10, 2020) |
| 11/13/2020 | Waiver of right of respondent State of New York to respond filed. |
| 11/17/2020 | DISTRIBUTED for Conference of 12/4/2020. |
| 11/18/2020 | Response Requested. (Due December 18, 2020) |
| 11/18/2020 | Blanket Consent filed by Petitioner Darrell Hemphill |
| 12/04/2020 | Motion to extend the time to file a response from December 18, 2020 to February 1, 2021, submitted to The Clerk. |
| 12/07/2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2021. |
| 12/18/2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 12/18/2020 | Brief amici curiae of Evidence and Criminal Procedure Professors filed. |
| 01/20/2021 | Motion to extend the time to file a response from February 1, 2021 to March 1, 2021, submitted to The Clerk. |
| 01/21/2021 | Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2021. |
| 03/01/2021 | Brief of respondent State of New York in opposition filed. |
| 03/16/2021 | DISTRIBUTED for Conference of 4/1/2021. |
| 03/16/2021 | Reply of petitioner Darrell Hemphill filed. (Distributed) |
| 04/12/2021 | DISTRIBUTED for Conference of 4/16/2021. |
| 04/19/2021 | Petition GRANTED. |
| 04/23/2021 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/27/2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 22, 2021. The time to file respondent's brief on the merits is extended to and including August 10, 2021. |
| 05/14/2021 | Blanket Consent filed by Petitioner, Darrell Hemphill |
| 06/22/2021 | Brief of petitioner Darrell Hemphill filed. |
| 06/22/2021 | Joint appendix filed. (Statement of costs filed) |
| 06/29/2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 06/29/2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 06/29/2021 | Brief amici curiae of The Bronx Defenders, et al. filed. |
| 06/29/2021 | Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed. |
| 06/29/2021 | Brief amici curiae of Evidence and Criminal Procedure Professors filed. |
| 06/29/2021 | Brief amici curiae of The Innocence Project and Innocent Network filed. |
| 06/29/2021 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| 06/29/2021 | Brief amicus curiae of Richard D. Friedman filed. |
| 07/13/2021 | ARGUMENT SET FOR Tuesday, October 12, 2021. |
| 07/28/2021 | Record has been requested from the Court of Appeals of New York. |
| 08/03/2021 | CIRCULATED |
| 08/04/2021 | The Court of Appeals of New York record can be accessed on its website. SEALED record material from the court of appeals electronically received. The Supreme Court of New York, County of Bronx record material has been electronically received. |
| 08/10/2021 | Brief of respondent State of New York filed. (Distributed) |
| 08/16/2021 | Motion for leave to file amicus brief filed by Adam Oustatcher. (Distributed) |
| 08/17/2021 | Brief amici curiae of The District Attorneys Association of the State of New York and The National District Attorneys Association filed. (Distributed) |
| 08/17/2021 | Brief amici curiae of Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota filed. (Distributed) |
| 09/03/2021 | Reply of petitioner Darrell Hemphill filed. (Distributed) |
| 09/08/2021 | ARGUMENT RESCHEDULED FOR Tuesday, October 5, 2021. |
| 09/30/2021 | Motion for leave to file amicus brief filed by Adam Oustatcher DENIED. |
| 10/05/2021 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Gina Mignola, Assistant District Attorney, Bronx, N. Y. |
| 01/20/2022 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined. Thomas, J., filed a dissenting opinion. |
| 02/22/2022 | MANDATE ISSUED. |
| 02/22/2022 | JUDGMENT ISSUED. |