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Katherine Lea Stanfield v. Jennifer Tyvand, Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 25-2607 · judgment April 22, 2026


Pending

Question presented

This petition raises the following questions: I. Whether Katherine Stanfield was deprived of her Sixth Amendment right to confront her accusers when the trial court allowed the State’s expert pathologist to offer her opinion that a child had died from severe, non-accidental trauma to his brain, when that opinion that was based, in large part, on testimonial evidence prepared out-of-court by a lab technician. II. Whether the Idaho Supreme Court’s opinion on the Sixth Amendment question was contrary to or an unreasonable application of clearly established federal law as determined by this Court.

Counsel of record

For petitioner
Craig Harrison Durham
Ferguson/Durham, PLLC

For respondent
Mark William Olson
Office of the Idaho Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 13 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 11 2026
    Waiver of right of respondent Tyvand, Warden to respond filed.
  3. Jul 18 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2026)