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Supreme Court Case - Papers Online

Supreme Court Case

In April 2006, two men, Nicholas Morris and Darrell Hemphill, got into a fight on a street in the Bronx. Nicholas Morris fired with a 9-millimeter handgun, killing a child in a passing car. He was arrested the next day for possession of a 9-millimeter handgun. He was put on trial for the child’s murder and for possession of the handgun, but the prosecution ended in a mistrial. Later on, instead of having another trial, the State offered Morris a deal: If he pleaded guilty to possessing a firearm at the scene of the shooting, the State would request that the murder charge be dismissed with prejudice. Morris accepted the plea deal. Although Morris was charged with possession of a .357 ...

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court confirmed.

Justice Sotomayor authored the 8-1 majority opinion of the Court. The Justice’s that voted for Hemphill were Sotomayor, Roberts, Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett. The Justice that did not vote for Hemphill was Thomas. The Confrontation Clause found in the Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Justice Alito’s and Justice Kavanaugh’s court opinion stated the sixth amendment. But Justice Clarence Thomas argued that Hemphill did not raise his Sixth Amendment claim in the New York Court of Appeals, so the court can’t review its decision.

The case ended up in an 8–1 Decision for Hemphill. He was found guilty of second-degree murder and put in prison for twenty-five years. The Court of Appeals affirmed the conviction (New York State's highest court and court of last resort in most ...

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PAPER DETAILS
Added: 6/3/2022 09:31:19 AM
Submitted By: meganskarinbfc
Category: American History
Type: Free Paper
Words: 362
Pages: 2

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