Supreme Court of the United States · Official docket →
Ohio v. Garry Smith
Paid petition · Supreme Court of Ohio, No. 2023-1289 · judgment December 10, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Because the Confrontation Clause affords criminal defendants the right during trial “to be confronted with the witnesses against” them, is the initial conversation with police officers, which was recorded on body-worn camera, nontestimonial when: (1) the injured person makes initial statements to responding officers while receiving emergency medical care for injuries of unknown origin; (2) the interaction lacks the formality and structure of an investigative interview; and (3) the statements fall within a “firmly rooted” hearsay exception indicating lack of testimonial intent?
Counsel of record
For petitioner
Daniel Tuyen Van
Cuyahoga County Prosecutor's Office
For respondent
Erika Bloomfield Cunliffe
Couyahoga County Public Defender's Office
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage
Proceedings
- Oct 14 2025Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Oct 14 2025Petition DENIED.
- Oct 06 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 26 2025Rescheduled.
- Jul 30 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 29 2025Reply of petitioner Ohio filed. (Distributed)
- Jul 11 2025Motion for leave to proceed in forma pauperis filed by respondent Garry Smith.
- Jul 11 2025Brief of respondent Garry Smith in opposition filed.
- Jun 11 2025Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2025.
- Jun 05 2025Motion to extend the time to file a response from June 13, 2025 to July 14, 2025, submitted to The Clerk.
- May 14 2025Brief amici curiae of Joyful Heart Foundation, et al. filed.
- Apr 23 2025Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025.
- Apr 20 2025Motion to extend the time to file a response from May 14, 2025 to June 13, 2025, submitted to The Clerk.
- Apr 14 2025Response Requested. (Due May 14, 2025)
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 19 2025Waiver of right of respondent Garry Smith to respond filed.
- Mar 10 2025Petition for a writ of certiorari filed. (Response due April 14, 2025)