Supreme Court of the United States · Official docket →
Darrell Hemphill v. New York
Paid petition · Court of Appeals of New York, No. 66 SSM 5 · judgment June 25, 2020
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence. The question presented is: Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence otherwise barred by the Confrontation Clause.
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Law School Supreme Court Clinic
For respondent
Gina Mignola
Bronx County District Attorney's Office
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 10 merits
(8 supporting pet./neither, 2 respondent)
Argument & decision
Argued October 5, 2021 — Jeffrey L. Fisher · Gina Mignola. Audio and transcript
Decided January 20, 2022. Opinion by Sotomayor.
Proceedings
- Feb 22 2022MANDATE ISSUED.
- Feb 22 2022JUDGMENT ISSUED.
- Jan 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.
- Oct 05 2021Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Gina Mignola, Assistant District Attorney, Bronx, N. Y.
- Sep 30 2021Motion for leave to file amicus brief filed by Adam Oustatcher DENIED.
- Sep 08 2021ARGUMENT RESCHEDULED FOR Tuesday, October 5, 2021.
- Sep 03 2021Reply of petitioner Darrell Hemphill filed. (Distributed)
- Aug 17 2021Brief amici curiae of The District Attorneys Association of the State of New York and The National District Attorneys Association filed. (Distributed)
- Aug 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)
- Aug 16 2021Motion for leave to file amicus brief filed by Adam Oustatcher. (Distributed)
- Aug 10 2021Brief of respondent State of New York filed. (Distributed)
- Aug 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.
- Aug 03 2021CIRCULATED
- Jul 28 2021Record has been requested from the Court of Appeals of New York.
- Jul 13 2021ARGUMENT SET FOR Tuesday, October 12, 2021.
- Jun 29 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jun 29 2021Brief amicus curiae of Constitutional Accountability Center filed.
- Jun 29 2021Brief amici curiae of The Bronx Defenders, et al. filed.
- Jun 29 2021Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed.
- Jun 29 2021Brief amici curiae of Evidence and Criminal Procedure Professors filed.
- Jun 29 2021Brief amici curiae of The Innocence Project and Innocent Network filed.
- Jun 29 2021Brief amici curiae of The American Civil Liberties Union, et al. filed.
- Jun 29 2021Brief amicus curiae of Richard D. Friedman filed.
- Jun 22 2021Brief of petitioner Darrell Hemphill filed.
- Jun 22 2021Joint appendix filed. (Statement of costs filed)
- May 14 2021Blanket Consent filed by Petitioner, Darrell Hemphill
- Apr 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.
- Apr 23 2021Motion for an extension of time to file the briefs on the merits filed.
- Apr 19 2021Petition GRANTED.
- Apr 12 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 16 2021DISTRIBUTED for Conference of 4/1/2021.
- Mar 16 2021Reply of petitioner Darrell Hemphill filed. (Distributed)
- Mar 01 2021Brief of respondent State of New York in opposition filed.
- Jan 21 2021Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2021.
- Jan 20 2021Motion to extend the time to file a response from February 1, 2021 to March 1, 2021, submitted to The Clerk.
- Dec 18 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Dec 18 2020Brief amici curiae of Evidence and Criminal Procedure Professors filed.
- Dec 07 2020Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2021.
- Dec 04 2020Motion to extend the time to file a response from December 18, 2020 to February 1, 2021, submitted to The Clerk.
- Nov 18 2020Response Requested. (Due December 18, 2020)
- Nov 18 2020Blanket Consent filed by Petitioner Darrell Hemphill
- Nov 17 2020DISTRIBUTED for Conference of 12/4/2020.
- Nov 13 2020Waiver of right of respondent State of New York to respond filed.
- Nov 06 2020Petition for a writ of certiorari filed. (Response due December 10, 2020)