from the Court of Appeals of New York
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JUDGMENT ISSUED.
MANDATE ISSUED.
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.
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Gina Mignola, Assistant District Attorney, Bronx, N. Y.
Motion for leave to file amicus brief filed by Adam Oustatcher DENIED.
ARGUMENT RESCHEDULED FOR Tuesday, October 5, 2021.
Reply of petitioner Darrell Hemphill filed. (Distributed)
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)
Brief amici curiae of The District Attorneys Association of the State of New York and The National District Attorneys Association filed. (Distributed)
Motion for leave to file amicus brief filed by Adam Oustatcher. (Distributed)
Brief of respondent State of New York filed. (Distributed)
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.
CIRCULATED
Record has been requested from the Court of Appeals of New York.
ARGUMENT SET FOR Tuesday, October 12, 2021.
Brief amici curiae of The Innocence Project and Innocent Network filed.
Brief amicus curiae of Richard D. Friedman filed.
Brief amici curiae of The American Civil Liberties Union, et al. filed.
Brief amici curiae of Evidence and Criminal Procedure Professors filed.
Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed.
Brief amici curiae of The Bronx Defenders, et al. filed.
Brief amicus curiae of Constitutional Accountability Center filed.
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Joint appendix filed. (Statement of costs filed)
Brief of petitioner Darrell Hemphill filed.
Blanket Consent filed by Petitioner, Darrell Hemphill
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.
Motion for an extension of time to file the briefs on the merits filed.
Petition GRANTED.
Reply of petitioner Darrell Hemphill filed. (Distributed)
Brief of respondent State of New York in opposition filed.
Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2021.
Motion to extend the time to file a response from February 1, 2021 to March 1, 2021, submitted to The Clerk.
Brief amici curiae of Evidence and Criminal Procedure Professors filed.
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2021.
Motion to extend the time to file a response from December 18, 2020 to February 1, 2021, submitted to The Clerk.
Blanket Consent filed by Petitioner Darrell Hemphill
Response Requested. (Due December 18, 2020)
Waiver of right of respondent State of New York to respond filed.
Petition for a writ of certiorari filed. (Response due December 10, 2020)
Darrell Hemphill, Petitioner, represented by Jeffrey L. Fisher
New York, Respondent, represented by Gina Mignola
State of New York, Respondent, represented by Gina Mignola
State of New York, Respondent, represented by Noah Jeffrey Chamoy
Adam Oustatcher, Amicus Curiae, represented by Adam Seth Oustatcher
Association of Criminal Defense Lawyers of New Jersey, Amicus Curiae, represented by Gary S. Stein
Brief of Utah, Arizona, Arkansas, Florida, Hawaii, Kansas, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, South Carolina, and South Dakota, Amicus Curiae, represented by Melissa Ann Holyoak
Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod
Evidence and Criminal Procedure Professors, Amicus Curiae, represented by Catherine Emily Stetson
National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Nicholas David Marais
Richard D. Friedman, Amicus Curiae, represented by Richard D. Friedman
The American Civil Liberties Union, The New York Civil Liberties Union and The Rutherford Institute, Amicus Curiae, represented by Caitlin Joan Halligan
The Bronx Defenders, et al., Amicus Curiae, represented by David John Debold
The District Attorneys Association of the State of New York and The National District Apporneys Association, Amicus Curiae, represented by David M. Cohn
The Innocence Project and Innocent Network, Amicus Curiae, represented by James Connolly Dugan