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Theodore James Purdy v. Kansas

Paid petition · Court of Appeals of Kansas, No. 126,981 · judgment August 1, 2025


Certiorari denied · October 13, 2026
Pre-decision estimate: 1% cert probability

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

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 16 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 08 2026
    Waiver of right of respondent State of Kansas to respond filed.
  4. Aug 17 2026
    Petition for a writ of certiorari filed. (Response due September 21, 2026)