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Gordon v. Massachusetts

Petition granted, judgment vacated, and case remanded to the Appeals Court of Massachusetts for further consideration in light of Smith v. Arizona on October 21, 2024.

Docket No. Op. Below Argument Opinion Vote Author Term
23-7150 Mass. App. Ct. N/A N/A N/A N/A OT 2024

Issue: (1) Whether the confrontation clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic expert conveying testimonial statements of a non-testifying forensic analyst on the grounds that the testifying expert offers a purportedly “independent opinion;” and (2) whether the Sixth Amendment right to counsel precludes a criminal defendant"s trial counsel from suggesting to a jury that trial counsel does not believe the testimony of the defendant.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/02/2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)
05/02/2024Waiver of right of respondent Massachusetts to respond filed.
05/08/2024DISTRIBUTED for Conference of 5/23/2024.
05/14/2024Response Requested. (Due June 13, 2024)
05/29/2024Motion to extend the time to file a response from June 13, 2024 to August 12, 2024, submitted to The Clerk.
05/30/2024Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2024.
08/08/2024Brief of respondent Massachusetts in opposition filed.
08/22/2024DISTRIBUTED for Conference of 9/30/2024.
10/07/2024DISTRIBUTED for Conference of 10/11/2024.
10/15/2024DISTRIBUTED for Conference of 10/18/2024.
10/21/2024Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Smith v. Arizona, 602 U. S. ___ (2024).
11/22/2024Judgment and Mandate Issued.