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Finding missing witnesses

Hardy v. Cross

Updated Oct 18, 2026

In brief

The Supreme Court overturned the Seventh Circuit's decision in Cross's case.

Where it stands
Decided

Decided · December 12, 2011 · Per curiam

What it’s about
Irving Cross challenged the use of A.S.’s earlier testimony at his retrial, arguing prosecutors had not made the good-faith effort to find her required by the Confrontation Clause. The Supreme Court overturned the Seventh Circuit’s judgment (reversed it).
Who it affects
The Seventh Circuit's decision no longer stands in Cross's case.

Summary: written with AI from the case record.

Illustration for Marcus Hardy, Warden v. Irving L. Cross
Conceptual illustration · AI-generated

What it's about

The dispute concerned whether prosecutors made enough effort to locate A.S. before using her earlier testimony under the Confrontation Clause.

Question presented

Did the steps taken to attempt to locate A.S. satisfy the Confrontation Clause's good faith effort requirement?

What the Court decided

Holding

The petition for a writ of certiorari and Cross’ motion to proceed in forma pauperis are granted, and the judgment of the Court of Appeals for the Seventh Circuit is Reversed.

Result
Reversed

The vote

Majority author
Per Curiam

What's next

The Supreme Court has finished its action; no further step is stated.

Documents

1

Docket activity

7
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

Show 2 more
  • Case data updated: title, status, lower_court, opinion_date

    Oct 17, 2026 · Court records

  • Opinion added: Hardy

    Dec 12, 2011 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis