On January 20, 2022, the U.S. Supreme Court decided Hemphill v. New York. In an 8-1 decision, the Court reversed and remanded the judgment of the Court of Appeals of New York, holding that the trial court’s admission—over Hemphill’s objection—of the plea allocution transcript of an unavailable witness violated Hemphill’s Sixth Amendment right to confront the witnesses against him.

Justice Sotomayor delivered the opinion of the Court. Justice Alito filed a concurring opinion, in which Justice Kavanaugh joined. Justice Thomas filed a dissenting opinion.

Please join our legal expert to discuss the case, the legal issues involved, and the implications going forward.

Featuring:
--Mike Hurst, Partner, Phelps Dunbar LLP and former United States Attorney, Southern District of Mississippi