Supreme Court of the United States · Official docket →
Gregory Shields, Sr. v. Kentucky
Paid petition · Supreme Court of Kentucky, No. 2020-SC-0060-MR · judgment February 24, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In Crawford v. Washington, 541 U.S. 36 (2004), this Court explained that, under the Confrontation Clause, an unavailable witness’s prior testimony “is admissible only if the defendant had an adequate opportunity to cross-examine.” Id. at 57. But the Court has provided no further guidance on what an “adequate opportunity” requires. And the States are now openly divided over when, if ever, a preliminary hearing meets the constitutional standard. Some state high courts hold that a preliminary hearing never provides such an adequate opportunity. Others hold that any opportunity to cross-examine at a preliminary hearing is enough. Still others apply a case-by-case approach that falls somewhere in the middle. The question presented is as follows: When, if ever, does a preliminary hearing provide an “adequate opportunity” for cross-examination under the Confrontation Clause?
Counsel of record
For petitioner
Jonathan Yates Ellis
McGuireWoods LLP
For respondent
Matthew Franklin Kuhn
Office of Attorney General of Kentucky
Proceedings
- Mar 06 2023Petition DENIED.
- Feb 15 2023DISTRIBUTED for Conference of 3/3/2023.
- Feb 15 2023Reply of petitioner Gregory Shields filed. (Distributed)
- Jan 26 2023Brief of respondent Kentucky in opposition filed.
- Dec 27 2022Response Requested. (Due January 26, 2023)
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 15 2022Brief amicus curiae of Richard D. Friedman filed.
- Dec 15 2022Brief amicus curiae of Rutherford Institute filed.
- Dec 15 2022Brief amicus curiae of VanHo Law filed.
- Dec 14 2022Waiver of right of respondent Kentucky to respond filed.
- Nov 10 2022Petition for a writ of certiorari filed. (Response due December 15, 2022)
- Sep 06 2022Application (22A198) granted by Justice Kavanaugh extending the time to file until November 11, 2022.
- Aug 30 2022Application (22A198) to extend the time to file a petition for a writ of certiorari from September 14, 2022 to November 11, 2022, submitted to Justice Kavanaugh.