Tuesday, June 28, 2011

Another cert grant: Williams v. Illinois

It appears that the next case in the Melendez-Diaz line will come very quickly. The Supreme Court granted cert today in Williams v. Illinois, No. 10-8505, seeking review of People v. Williams, 939 N.E.2d 268 (Ill. 2010). The case presents the issue of what I have called the "not for the truth" end-run in the context of expert evidence: The Illinois Supreme Court held that the absent analyst's report was introduced not for the truth of what it asserted but rather "to show the underlying facts and data [the in-court witness] used before rendering an expert opinion in this case." I will write something more substantive on this later.


NativWorld Timing. Knowledge. Empowerment. said...

Thank You.

Ryan S said...

I look forward to your thoughts. The tea leaves contained in Sotomayor's Bullcoming opinion don't give me a lot of hope (I'm a defense attorney). I recall reading Mr. Fisher's article on "not for the truth" in NACDL a couple of years back, and I have encouraged people to use the arguments contained therein. I'd hate for them to be shot down.