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Evidence keyed to Fisher
Hemphill v. New York
Citation:
595 U.S. 140 (2022)Facts
In April 2006, following a street fight in the Bronx, someone fired a 9-millimeter handgun that killed a two-year-old child in a nearby minivan. Police initially charged Nicholas Morris with the murder and possession of a 9-millimeter handgun after finding 9-millimeter and .357-caliber ammunition in his apartment. However, the State later dismissed murder charges against Morris in exchange for his guilty plea to possessing a .357-magnum revolver, a different weapon than that used in the killing. Years later, after Hemphill’s DNA matched a blue sweater found at the scene, the State prosecuted Hemphill for the murder. At trial, Hemphill pursued a third-party culpability defense, eliciting undisputed testimony that police recovered 9-millimeter ammunition from Morris’ nightstand. Morris was unavailable to testify, being outside the United States. Over Hemphill’s Crawford objection, the trial court admitted portions of Morris’ plea allocution transcript under New York’s Reid “opening the door” doctrine, reasoning that Hemphill’s defense had created a misleading impression requiring correction.
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