| No. 20-637 | |
| Title: | Darrell Hemphill, Petitioner v. New York |
| Docketed: | November 10, 2020 |
| Lower Ct: | Court of Appeals of New York |
| Case Numbers: | (66 SSM 5) |
| Decision Date: | June 25, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Nov 06 2020 | Petition for a writ of certiorari filed. (Response due December 10, 2020) |
| PetitionAppendixCertificate of Word CountProof of ServiceOther | |
| Nov 13 2020 | Waiver of right of respondent State of New York to respond filed. |
| Main Document | |
| Nov 17 2020 | DISTRIBUTED for Conference of 12/4/2020. |
| Nov 18 2020 | Response Requested. (Due December 18, 2020) |
| Nov 18 2020 | Blanket Consent filed by Petitioner Darrell Hemphill |
| Blanket ConsentProof of Service | |
| Dec 04 2020 | Motion to extend the time to file a response from December 18, 2020 to February 1, 2021, submitted to The Clerk. |
| Main DocumentMain Document | |
| Dec 07 2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2021. |
| Dec 18 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 18 2020 | Brief amici curiae of Evidence and Criminal Procedure Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 20 2021 | Motion to extend the time to file a response from February 1, 2021 to March 1, 2021, submitted to The Clerk. |
| Main DocumentMain Document | |
| Jan 21 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2021. |
| Mar 01 2021 | Brief of respondent State of New York in opposition filed. |
| Main DocumentProof of ServiceOther | |
| Mar 16 2021 | DISTRIBUTED for Conference of 4/1/2021. |
| Mar 16 2021 | Reply of petitioner Darrell Hemphill filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 12 2021 | DISTRIBUTED for Conference of 4/16/2021. |
| Apr 19 2021 | Petition GRANTED. |
| Apr 23 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main DocumentProof of Service | |
| Apr 27 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 22, 2021. The time to file respondent's brief on the merits is extended to and including August 10, 2021. |
| May 14 2021 | Blanket Consent filed by Petitioner, Darrell Hemphill |
| Blanket ConsentProof of Service | |
| Jun 22 2021 | Brief of petitioner Darrell Hemphill filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 22 2021 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Jun 29 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2021 | Brief amici curiae of The Bronx Defenders, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2021 | Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2021 | Brief amici curiae of Evidence and Criminal Procedure Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2021 | Brief amici curiae of The Innocence Project and Innocent Network filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 29 2021 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2021 | Brief amicus curiae of Richard D. Friedman filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 13 2021 | ARGUMENT SET FOR Tuesday, October 12, 2021. |
| Jul 28 2021 | Record has been requested from the Court of Appeals of New York. |
| Aug 03 2021 | CIRCULATED |
| Aug 04 2021 | The Court of Appeals of New York record can be accessed on its website. SEALED record material from the court of appeals electronically received. The Supreme Court of New York, County of Bronx record material has been electronically received. |
| Aug 10 2021 | Brief of respondent State of New York filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2021 | Motion for leave to file amicus brief filed by Adam Oustatcher. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 17 2021 | Brief amici curiae of The District Attorneys Association of the State of New York and The National District Attorneys Association filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 17 2021 | Brief amici curiae of Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2021 | Reply of petitioner Darrell Hemphill filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 08 2021 | ARGUMENT RESCHEDULED FOR Tuesday, October 5, 2021. |
| Sep 30 2021 | Motion for leave to file amicus brief filed by Adam Oustatcher DENIED. |
| Oct 05 2021 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Gina Mignola, Assistant District Attorney, Bronx, N. Y. |
| Jan 20 2022 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined. Thomas, J., filed a dissenting opinion. |
| Feb 22 2022 | MANDATE ISSUED. |
| Feb 22 2022 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Jeffrey L. Fisher Counsel of Record | Stanford Law School Supreme Court Clinic 559 Nathan Abbott Way Stanford, CA 94305 jlfisher@law.stanford.edu | (650) 724-7081 |
| Party name: Darrell Hemphill | ||
| Attorneys for Respondent | ||
| Gina Mignola Counsel of Record | Bronx County District Attorney's Office 198 East 161st Street Bronx, NY 10451 mignolag@bronxda.nyc.gov | 718-838-7199 |
| Party name: State of New York | ||
| Gina Mignola Counsel of Record | Bronx County District Attorney's Office 198 East 161st Street Bronx, NY 10451 mignolag@bronxda.nyc.gov | 718-838-7199 |
| Party name: New York | ||
| Noah Jeffrey Chamoy | Office of the Bronx District Attorney 198 East 161 Street Bronx, NY 10451 chamoyn@bronxda.nyc.gov | 7188387142 |
| Party name: State of New York | ||
| Other | ||
| David M. Cohn Counsel of Record | New York County District Attorney's Office One Hogan Place New York, NY 10013 cohnd@dany.nyc.gov | 212-335-4098 |
| Party name: The District Attorneys Association of the State of New York and The National District Apporneys Association | ||
| David John Debold Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 ddebold@gibsondunn.com | 202-955-8500 |
| Party name: The Bronx Defenders, et al. | ||
| James Connolly Dugan Counsel of Record | Willkie Farr & Gallagher, LLP 787 Seventh Avenue New York, NY 10019 jdugan@willkie.com | 212-728-8654 |
| Party name: The Innocence Project and Innocent Network | ||
| Richard D. Friedman Counsel of Record | 625 South State Street Ann Arbor, MI 48109 rdfrdman@umich.edu | 734 647 1078 |
| Party name: Richard D. Friedman | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Caitlin Joan Halligan Counsel of Record | Selendy & Gay PLLC 1290 Avenue of the Americas New York, NY 10104 challigan@selendygay.com | (212) 390-9000 |
| Party name: The American Civil Liberties Union, The New York Civil Liberties Union and The Rutherford Institute | ||
| Melissa Ann Holyoak Counsel of Record | Utah Attorney General's Office 350 N. State Street, Suite 230 Salt Lake City, UT 84114 melissaholyoak@agutah.gov | (801) 538-9600 |
| Party name: Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota | ||
| Nicholas David Marais Counsel of Record | Keker, Van Nest & Peters, LLP 633 Battery Street San Francisco, CA 94111 nmarais@keker.com | 415-391-5400 |
| Party name: National Association of Criminal Defense Lawyers | ||
| Adam Seth Oustatcher Counsel of Record | 55 Broadway Suite 202 New York, NY 10006 aoustatcher@gmail.com | (917) 881-9307 |
| Party name: Adam Oustatcher | ||
| Gary S. Stein Counsel of Record | Pashman Stein 21 Main Street Hackensak, NJ 07601-7054 gstein@pashmanstein.com | 2013103691 |
| Party name: Association of Criminal Defense Lawyers of New Jersey | ||
| Catherine Emily Stetson Counsel of Record | Hogan Lovells US LLP 555 13th Street, N.W. Washington, DC 20004-1109 cate.stetson@hoganlovells.com | 2026375491 |
| Party name: Evidence and Criminal Procedure Professors | ||