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Darrell Hemphill v. New York

Paid petition · Court of Appeals of New York, No. 82 SSM 12 · judgment July 21, 2022


Certiorari denied · April 3, 2023
Pre-decision estimate: 3% cert probability

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

Question presented

Whether the improper admission of the out-ofcourt statement by the alternative suspect in Hemphill v. New York, 142 S. Ct. 681 (2022), was “so unimportant and insignificant” as to be harmless under Chapman v. California, 386 U.S. 18, 22 (1967).

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Law Supreme Court Litigation Clinic

For respondent
Gina Mignola
Bronx County District Attorney's Office

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
22A260

Proceedings

  1. Apr 03 2023
    Petition DENIED.
  2. Mar 15 2023
    DISTRIBUTED for Conference of 3/31/2023.
  3. Mar 15 2023
    Reply of petitioner Darrell Hemphill filed. (Distributed)
  4. Mar 01 2023
    Brief of respondent New York in opposition filed.
  5. Feb 01 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2023.
  6. Jan 31 2023
    Motion to extend the time to file a response from February 8, 2023 to March 1, 2023, submitted to The Clerk.
  7. Jan 09 2023
    Brief amici curiae of The Innocence Project and Innocence Network filed.
  8. Jan 09 2023
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  9. Jan 06 2023
    Brief amicus curiae of The National Association for Public Defense filed.
  10. Dec 16 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2023.
  11. Dec 15 2022
    Motion to extend the time to file a response from January 9, 2023 to February 8, 2023, submitted to The Clerk.
  12. Dec 08 2022
    Response Requested. (Due January 9, 2023)
  13. Dec 08 2022
    Blanket Consent filed by Petitioner, Darrell Hemphill
  14. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  15. Nov 30 2022
    Waiver of right of respondent New York to respond filed.
  16. Nov 18 2022
    Petition for a writ of certiorari filed. (Response due December 22, 2022)
  17. Sep 26 2022
    Application (22A260) granted by Justice Sotomayor extending the time to file until November 18, 2022.
  18. Sep 21 2022
    Application (22A260) to extend the time to file a petition for a writ of certiorari from October 19, 2022 to November 18, 2022, submitted to Justice Sotomayor.