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Matthew D. Norwood v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 20-0006 · judgment February 24, 2021


Certiorari denied · June 28, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

To rehabilitate a child witness after an allegation of coaching, a trial judge admitted a video recording of the child forensic interview of the complaining witness as a prior consistent statement. The jury watched the video in open court and took the video into deliberations as an admitted prosecution exhibit. On appeal, the Court of Appeals for the Armed Forces affirmed admission of the video recording under Military Rule of Evidence 801(d)(1)(B)(i), holding that coaching is an allegation of improper influence. The lower court’s opinion endorsed not only playing the statement in open court, but also permitting the jury to retain and review the video during deliberations. The Question Presented is: 1. Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the exclusions and exceptions to the prohibition of hearsay.

Counsel of record

For petitioner
Christopher Kevin Riedel
U.S. Navy JAG Corps

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 28 2021
    Petition DENIED.
  2. Jun 08 2021
    DISTRIBUTED for Conference of 6/24/2021.
  3. Jun 03 2021
    Waiver of right of respondent United States to respond filed.
  4. May 21 2021
    Petition for a writ of certiorari filed. (Response due June 28, 2021)