The Supreme Court on Thursday threw out the murder conviction of a Bronx man in the stray-bullet shooting of a 2-year-old boy on his way to church and a family dinner on Easter Sunday in 2006.
In an 8-1 decision, the high court ruled that Darrell Hemphill’s Sixth Amendment right to confront his accuser was violated when prosecutors were allowed to introduce a statement from a witness without calling him to the stand at trial.
“The trial court’s admission of unconfronted testimonial hearsay over Hemphill’s objection, on the view that it was reasonably necessary to correct Hemphill’s misleading argument, violated that fundamental guarantee,” Justice Sonia Sotomayor wrote
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