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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.23-7150

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.

Proceedings & orders timeline

Apr 2, 2024
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)
May 2, 2024
Waiver of right of respondent Massachusetts to respond filed.
May 8, 2024
DISTRIBUTED for Conference of 5/23/2024.
May 14, 2024
Response Requested. (Due June 13, 2024)
May 29, 2024
Motion to extend the time to file a response from June 13, 2024 to August 12, 2024, submitted to The Clerk.
May 30, 2024
Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2024.
Aug 8, 2024
Brief of respondent Massachusetts in opposition filed.
Aug 22, 2024
DISTRIBUTED for Conference of 9/30/2024.
Oct 7, 2024
DISTRIBUTED for Conference of 10/11/2024.
Oct 15, 2024
DISTRIBUTED for Conference of 10/18/2024.
Oct 21, 2024
Motion 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).
Nov 22, 2024
Judgment and Mandate Issued.

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