Monday, October 31, 2005

Cert granted in Davis and Hammon

The Supreme Court today granted certiorari in both Davis v. Washington, No. 05-5224, and Hammon v. Indiana, No. 05-5705. Davis primarily involves accusatory statements made in a 911 call, while Hammon involves accusatory statements made to a responding officer. In each case the state supreme court held that the statements at issue were not testimonial, and in each case I believe this was erroneous. Jeff Fisher, who won Crawford, represents Davis, and I represent Hammon. The arguments will be in tandem, probably in March. The cases give the Supreme Court a chance to ensure that Crawford will be properly applied throughout the nation. Given my involvement in one of the cases, I will be abstemious in comments on the blog. But in case anybody is in doubt, I'm pretty excited.

6 comments:

Peter G said...

Congratulations, Prof. Richard! Will this be your first Supreme Court appearance? Your first appellate argument even? Working with Jeff F is a special privilege and pleasure, as I know from NACDL amicus work.

Steven Yermish said...

Congrats. Can i help in any way? If so, please contact me at SYermish@PDMiami.com.
Steve Yermish

Anonymous said...

Good for you. As a UM grad ('87), I'm so pleased for you.

Anonymous said...

Thanks for pressing this confrontation issue. It makes studying for my Evidence exam a real joy. You're #1.

Anonymous said...

I was trying to find the Washington brief in response to the cert petition, Westlaw doesn't have it. Any chance you know why or how one could be found? Thanks

Anonymous said...

Aloha Professor,
I would like to extend my uttmost appreciation for your hard work and perseverance regarding this critical court ruling. Truly this decision will affect the lives of those who are currently at the mercy of the courts. I can tell you this much that it will certainly have far reaching implications that will be felt overseas here in paradise as well. All the best to you and your team, with respect and admiration,
5-0 Support Team