Supreme Court of the United States · Official docket →
Ohio v. William Johnson
Paid petition · Court of Appeals of Ohio, Cuyahoga County, No. 110942 · judgment February 16, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
William Johnson assaulted the mother of his child, causing her to black out. Johnson also took the victim’s phone. When the victim regained consciousness, she immediately fled from her apartment with her child to her parent's house. There, she called 911. The victim identified her child's father as the man who harmed her. She did this in response to the dispatcher’s question, "Where's the emergency?" She said there was a gun in her apartment. Even though she reported being “choked” and having her head banged against the wall, she declined medical treatment and expressed uncertainty about having charges against Johnson. The victim did not testify at Johnson’s criminal trial. The judge admitted the 911 recording into evidence despite a defense objection. The State argued the 911 call's primary purpose was nontestimonial and that the victim’s statements were excited utterances made during an ongoing emergency. The question presented under the Confrontation Clause of the Sixth Amendment is: When viewed objectively, were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial?
Counsel of record
For petitioner
Daniel Tuyen Van
Cuyahoga County Prosecutor's Office
For respondent
Jeremy Charles Marwell
Vinson & Elkins LLP
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 03 2024Reply of petitioner Ohio filed. (Distributed)
- May 29 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 28 2024Brief of respondent William Johnson in opposition filed.
- Apr 25 2024Brief amici curiae of Safe Living Space, et al. filed.
- Apr 18 2024Motion to extend the time to file a response is granted and the time is extended to and including May 28, 2024.
- Apr 17 2024Motion to extend the time to file a response from April 25, 2024 to May 28, 2024, submitted to The Clerk.
- Mar 26 2024Response Requested. (Due April 25, 2024)
- Mar 12 2024DISTRIBUTED for Conference of 3/28/2024.
- Feb 08 2024Brief amicus curiae of Ohio Prosecuting Attorneys Association filed.
- Jan 26 2024Petition for a writ of certiorari filed. (Response due February 29, 2024)
- Oct 23 2023Application (23A358) granted by Justice Kavanaugh extending the time to file until January 26, 2024.
- Oct 16 2023Application (23A358) to extend the time to file a petition for a writ of certiorari from November 27, 2023 to January 26, 2024, submitted to Justice Kavanaugh.