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Hemphill against New York is just an unusual case where the state proceeded against one man first, and then went back and tried another man, my client, Mr. Hemphill. There was a shooting in 2006 in April and people had identified Nick Morris as the people who were responsible for the shooting. The state proceeded to trial against Nick Morris, but a mistrial was declared after opening statements in that case. Years later, the state decided to proceed and change its theory and say that Mr. Hemphill was the shooter. And at that trial, Mr. Hemphill predictably said, You had it right the first time. Nick Morris was the person who was the shooter. And so the state offered these plea minutes from previously ascertained by the state to rebut that defense, Mr. Hemphills defense that Mr. Morris was the shooter. Nick Morris, by the time of Mr. Hemphills trial was no longer in the United States. So he was never available to testify at the trial. The fact that he wasnt available to testify rea
