Thursday, November 26, 2015
New cert petitions on the "expert witness end-run"
At least two cert petitions are currently before the Supreme Court on the question of whether, or when, a prosecution may present the substance of an out-of-court testimonial statement through an in-court witness who bases an opinion in part on that statement. One is Griep v. Wisconsin. The State originally declined to file a brief in opposition to the petition, but the Court requested one. Here are links to the petition, to the brief in opposition, and to the reply brief. The second petition, on which I am counsel of record, is Katso v. United States. The Government has twice asked for extensions of the time to file a brief in opposition; its time now expires on January 4. You can read the petition by clicking here.