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New Mexico v. Schwartz

Petition for certiorari denied on February 23, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-317 N.M. Ct. App. N/A N/A N/A N/A OT 2014

Issue: (1) Whether live, two-way video testimony – which is given under oath, allows the jury to assess the witness’s demeanor, and provides the accused a fair opportunity to confront and cross-examine – satisfies the constitutional requirement of face-to-face confrontation or qualifies as a permissible substitute for in-person testimony upon a showing of unavailability or other necessity-based standard; and (2) whether any impermissible use of two-way video testimony is subject to the harmless error standard of Delaware v. Van Arsdall, which evaluates a missing element of confrontation in the context of the witness's testimony and the trial as a whole, or instead is subject to the standard of Coy v. Iowa, which disregards the offending testimony in its entirety and considers only the remaining evidence.

DateProceedings and Orders (key to color coding)
Sep 15 2014Petition for a writ of certiorari filed. (Response due October 20, 2014)
Oct 14 2014Waiver of right of respondent Bruce Schwartz to respond filed.
Oct 29 2014DISTRIBUTED for Conference of November 14, 2014.
Oct 30 2014Response Requested . (Due December 1, 2014)
Nov 19 2014Order extending time to file response to petition to and including December 31, 2014.
Dec 29 2014Brief of respondent Bruce Schwartz in opposition filed.
Dec 29 2014Motion for leave to proceed in forma pauperis filed by respondent Bruce Schwartz.
Jan 14 2015DISTRIBUTED for Conference of February 20, 2015.
Feb 23 2015Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Feb 23 2015Petition DENIED.