Guns, Confrontation and Malice: New York in the Supreme Court Next Term
In this edition of his Civil Rights and Civil Liberties column, Christopher Dunn reports on three cases out of New York that are now before the Supreme Court: one involving a challenge to New York's licensing regime for the carrying of concealed weapons; another involving malicious prosecution claims; and the third addressing the extent to which prosecutors can introduce out-of-court testimony notwithstanding the Sixth Amendment's strict Confrontation Clause. He writes that, beyond their substantive import, these cases present intriguing politics.
June 02, 2021 at 12:45 PM
10 minute read
The U.S. Supreme Court has before it three cases out of New York that present important constitutional and civil rights issues. The blockbuster case is a Second Amendment challenge to New York's licensing regime for the carrying of concealed weapons, a challenge the Second Circuit rejected. Also before the court is a Second Circuit decision applying widely-established federal appellate precedent requiring civil rights plaintiffs pursuing malicious prosecution claims for dismissed criminal charges to establish their innocence. Finally, in a case out of the New York Court of Appeals, the Supreme Court will consider the extent to which prosecutors can introduce out-of-court testimony notwithstanding the Sixth Amendment's strict Confrontation Clause because defendants "opened the door" to the hearsay testimony through their defense.
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