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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.

DateProceedings and Orders (key to color coding)
11/06/2020Petition for a writ of certiorari filed. (Response due December 10, 2020)
11/13/2020Waiver of right of respondent State of New York to respond filed.
11/17/2020DISTRIBUTED for Conference of 12/4/2020.
11/18/2020Response Requested. (Due December 18, 2020)
11/18/2020Blanket Consent filed by Petitioner Darrell Hemphill
12/04/2020Motion to extend the time to file a response from December 18, 2020 to February 1, 2021, submitted to The Clerk.
12/07/2020Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2021.
12/18/2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
12/18/2020Brief amici curiae of Evidence and Criminal Procedure Professors filed.
01/20/2021Motion to extend the time to file a response from February 1, 2021 to March 1, 2021, submitted to The Clerk.
01/21/2021Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2021.
03/01/2021Brief of respondent State of New York in opposition filed.
03/16/2021DISTRIBUTED for Conference of 4/1/2021.
03/16/2021Reply of petitioner Darrell Hemphill filed. (Distributed)
04/12/2021DISTRIBUTED for Conference of 4/16/2021.
04/19/2021Petition GRANTED.
04/23/2021Motion for an extension of time to file the briefs on the merits filed.
04/27/2021Motion 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.
05/14/2021Blanket Consent filed by Petitioner, Darrell Hemphill
06/22/2021Brief of petitioner Darrell Hemphill filed.
06/22/2021Joint appendix filed. (Statement of costs filed)
06/29/2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
06/29/2021Brief amicus curiae of Constitutional Accountability Center filed.
06/29/2021Brief amici curiae of The Bronx Defenders, et al. filed.
06/29/2021Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed.
06/29/2021Brief amici curiae of Evidence and Criminal Procedure Professors filed.
06/29/2021Brief amici curiae of The Innocence Project and Innocent Network filed.
06/29/2021Brief amici curiae of The American Civil Liberties Union, et al. filed.
06/29/2021Brief amicus curiae of Richard D. Friedman filed.
07/13/2021ARGUMENT SET FOR Tuesday, October 12, 2021.
07/28/2021Record has been requested from the Court of Appeals of New York.
08/03/2021CIRCULATED
08/04/2021The 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.
08/10/2021Brief of respondent State of New York filed. (Distributed)
08/16/2021Motion for leave to file amicus brief filed by Adam Oustatcher. (Distributed)
08/17/2021Brief amici curiae of The District Attorneys Association of the State of New York and The National District Attorneys Association filed. (Distributed)
08/17/2021Brief amici curiae of Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota filed. (Distributed)
09/03/2021Reply of petitioner Darrell Hemphill filed. (Distributed)
09/08/2021ARGUMENT RESCHEDULED FOR Tuesday, October 5, 2021.
09/30/2021Motion for leave to file amicus brief filed by Adam Oustatcher DENIED.
10/05/2021Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Gina Mignola, Assistant District Attorney, Bronx, N. Y.
01/20/2022Judgment 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.
02/22/2022MANDATE ISSUED.
02/22/2022JUDGMENT ISSUED.