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Theodore James Purdy v. Kansas
Paid petition · Court of Appeals of Kansas, No. 126,981 · judgment August 1, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioner Theodore James Purdy, III, was convicted after the prosecution elected not to call the three-yearold complainant but elicited from a detective that she had accused Purdy of vaginal penetration. The prosecution defended the accusation as non-hearsay background explaining the investigation but then relied on it in closing argument as corroboration of Mr. Purdy’s confession. The question presented is: W hether the Confrontation Clause allows the prosecution to introduce an absent child complainant’s testimonial accusation through a law-enforcement officer as ostensibly non-hearsay “background” when the accusation describes the charged act and the prosecution uses it to prove the defendant’s guilt.
Counsel of record
For petitioner
Jonathan Theodore Sternberg
Jonathan Sternberg Attorney, P.C.
For respondent
Kristafer Ross Ailslieger
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 13, 2026 · Certiorari denied
Proceedings
- Oct 13 2026Petition DENIED.
- Sep 16 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 08 2026Waiver of right of respondent State of Kansas to respond filed.
- Aug 17 2026Petition for a writ of certiorari filed. (Response due September 21, 2026)