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Right to question witnesses

Hemphill v. New York

Updated Sep 19, 2026

In brief

The Supreme Court overturned the state court’s ruling because admitting Morris’s plea transcript over Hemphill’s objection violated his right to confront witnesses, then sent the case back to the lower court (remanded).

Where it stands
Decided

Decided 8-1 · January 20, 2022 · Opinion by Justice Sotomayor

What it’s about
The Supreme Court ruled that a criminal defendant does not forfeit their Sixth Amendment right to confront witnesses simply by making arguments that 'open the door' to otherwise inadmissible evidence.
Who it affects
Because the transcript admission violated Hemphill’s Sixth Amendment right, the state court’s ruling was overturned and the case must be addressed again. The decision leaves Hemphill’s final relief unresolved.

Summary: written with AI from the case record.

Illustration for Hemphill v. New York
Conceptual illustration · AI-generated

What it's about

The Court held that admitting an unavailable witness's plea transcript over the defendant's objection violated the Confrontation Clause.

The case tested whether New York’s “opening the door” rule for correcting misleading impressions could override a criminal defendant’s Sixth Amendment right to confront witnesses.

Question presented

Whether the Sixth Amendment’s Confrontation Clause, which provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him,” admits of a court-created “opening the door” exception?

What the Court decided

Holding

The trial court’s admission of the transcript of Morris’ plea allocution over Hemphill’s objection violated Hemphill’s Sixth Amendment right to confront the witnesses against him. 35 N. Y. 3d 1035, 150 N. E. 3d 356, reversed and remanded.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 8joined the Court's opinion
  1. Barrett
  2. Breyer
  3. Kagan
  4. Kavanaugh
  5. Sotomayorwrote the opinion
  6. Roberts
  7. Gorsuch
  8. Alitoalso wrote separately
Dissenting · 1disagreed with the result
  1. Thomaswrote the dissent
8 justices joined the judgment, 1 dissented.

From the opinions

“Because Darrell Hemphill did not raise his Sixth Amendment claim in the New York Court of Appeals, we lack jurisdiction to review that court’s decision.”

— Justice Thomas(dissent)

What's next

The Supreme Court sent the case back to the lower court (remanded) for further proceedings. The decision leaves Hemphill’s final relief unresolved.

Documents

3

Docket activity

11
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 19, 2026 · Generated

Show 6 more
  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 3, 2026 · Court records

  • Case data updated: status, opinion_date

    Jul 25, 2026 · Court records

  • Opinion added: opinion

    Jan 20, 2022 · Court records

  • Brief added: Petition

    Nov 6, 2020 · Court records

  • Brief added: Questions Presented

    Court records

More questions

4
What did the Supreme Court decide in Hemphill v. New York?
It decided that admitting Morris’s plea transcript over Hemphill’s objection violated his Sixth Amendment right to confront witnesses.
Did “opening the door” allow the trial court to use Morris’s transcript?
Not in this case. The Court said the admission violated Hemphill’s Sixth Amendment right to confront witnesses and overturned the state ruling.
Who wrote the opinions in Hemphill v. New York?
Justice Sotomayor wrote the Court’s opinion. Justice Alito wrote a concurrence (agreement with the result for different reasons), and Justice Thomas wrote a dissent (a written disagreement).
What happens next for Hemphill?
The Supreme Court sent the case back to the lower court (remanded) for further proceedings. The decision leaves his final relief unresolved.

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 Sep 19, 2026Methodology

Court records and filings

Reporting and analysis