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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

Issues: (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.

DateProceedings and Orders (key to color coding)
Apr 02 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)
May 02 2024Waiver of right of respondent Massachusetts to respond filed.
May 08 2024DISTRIBUTED for Conference of 5/23/2024.
May 14 2024Response Requested. (Due June 13, 2024)
May 29 2024Motion to extend the time to file a response from June 13, 2024 to August 12, 2024, submitted to The Clerk.
May 30 2024Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2024.
Aug 08 2024Brief of respondent Massachusetts in opposition filed.
Aug 22 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 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).