Monday, March 09, 2009

Still no decision in Melendez-Diaz

The Supreme Court has completed this sitting without issuing its decision in the Melendez-Diaz case, in which it will decide whether a forensic lab report asserting that a substance contains cocaine is testimonial for purposes of the Confrontation Clause. The next date on which the Court is scheduled to issue opinions is March 23.

Monday, March 02, 2009

Giles sent down for retrial

Here is a belated report: The Giles case is wending its way back down through the California courts. After the remand from the United States Supreme Court, the California Supreme Court transferred the case back to the Court of Appeals. In February, that court sent the case back for trial. You can read the opinion by clicking here. It is noteworthy that the court decides, without prejudice given the skimpy nature of the record, that the statement in issue was testimonial. That is the right decision, and encouraging. The court also leaves it open to the state to present evidence that the standard enunciated by the U.S. Supreme Court for forfeiture (whatever that may be) is satisfied. So the further proceedings should be very interesting to follow.