Tuesday, December 17, 2013
Pending cert petitions seeking clarification of Williams
An anonymous reader has pointed out that the second petition for certiorari in Turner v. United States, No. 13-127, one of the cases that was GVRed (grant, vacate, remand) in light of Williams v. Illinois, came before the Supreme Court's conference on Friday but the Court did not take any action. (The case was originally distributed for the conference of September 30, but before hen the Court requested a response form the Government, so the case was relisted.) It may well be that the Court realizes that it needs to do something in light of the confusion created by the fractured decision in Williams, but it has not yet decided which case to take. There are several others pending. The Court has already requested a response from the State in Brewington v. North Carolina, No. 13-504, filed in October, and the State's response is not due until February 3. Derr v. Maryland, No. 13-637, was filed on Nov. 20, Ortiz-Zape v. North Carolina, No. 13-633, on Nov. 21, and Cooper v. Maryland, No. 13-644, on Nov. 22. If readers know of other cases, I'd be glad to learn of them. It looks like something might be brewing. Comments welcome! (And I am hoping to post more on this blog in the next several months than I have in the last several!)
Subscribe to:
Post Comments (Atom)
62 comments:
You're Back When The Time Is Right.
Most of the links to the briefs and other references to the post in October are already dead.
Dead links do not aid in comprehension.
Also, is there any way on the comments page to show the DATE on a comment. Currently, it just displays the time which makes some of the comments hard to follow.
I know you do not like Giles but this ruling would seem to fly directly in its face. It's difficult to comprehend how Giles could win and this guy could lose given how similar the facts are.
http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2013/CR-11-0331-AP.pdf
Happy New Year Professor Friedman. And thank you for posting this important CC information.
Even if the Court takes up one or more of the cases, I simply don't see how the Court will be able to use any particular case to refine its seemingly hopelessly fractured CC doctrine.
One the one hand you have Kennedy, Roberts, Alito & Breyer who have stated that a hearsay declarant is not a CC "witness against" a defendant unless the primary purpose of their statement was to accuse a targeted person of a crime.
On the other hand, you have Scalia, Ginsburg, Sotomayor & Kagan who apply a much broader definition of "witness against," along the lines the lines of the objective witness formulation.
And, holding the trump card, is Thomas who one can argue holds the most categorical view of the CC's protection, requiring formality/solemnity, unless a prosecutorial motive to evade confrontation exists.
So who is going to blink? Not the Scalia block. Not Thomas. Is there a crack in the Kennedy led foursome? Breyer has swung both ways, but appears to be solidly in the "accuse a targeted of a crime" camp.
In the end, unless one or more of the justices are willing to alter their most recent opinions in Williams, it seems as though the only thing that would be accomplished by granting cert. in one or more of the cited cases is a determination of whether that particular case falls into the holding in Melendez-Diaz or Bullcoming. And if it doesn't, it would fall right back into the muddled Black Hole of Williams.
I guess we will have to wait and see.
Even with the fractured state of the court, it could still clarify things like whether the not-for-its-truth rationale for FRE 703 is dead, or whether documents, like autopsy reports, can categorically be deemed nontestimonial. I think you could get majority decisions on those issues (If not for the lack of a certified document, the FRE 703 issues would have been settled by Williams).
Medina v. Arizona, No. 13-735, filed by Jeff Fisher: Whether autopsy reports are testimonial.
Seems like an easy case since the report was "certified," unless Thomas is willing to deviate from his formality/solemnity formula or require more "formality" than a simple "certification."
The Federal Evidence Review has posted an interesting article on this topic. They discuss several of the pending petitions (primarily Turner) and conclude that the question is not "if" but "when" the Court will grant review in one of these cases.
You have opened my eyes to different views on this topic with interesting content and firmness. Thank you.
kizi 4 | friv 5
James v. United States, No. 13-632: Interesting Autopsy/Tox report case directly asking the Court to address the post-Williams mess and set forth a clear standard of which hearsay declarants are "witnesses against" under the CC.
Solicitor General's response due March 17.
The longer this mess goes on, the more convinced I am that there will be at least 5 votes on the Court to throw out the 10 year old testimonial framework, and return to Roberts, at least with respect to forensic evidence hearsay.
Given Sotomayor's numerous references to "reliability" in Bryant, I think she might be able to pull together a coalition (consisting of her, Kagan, Breyer, Alito, Roberts & Kennedy) to at least limit the reach of Crawford, and return to a reliability/hearsay rule framework, at least with respect to forensic evidence hearsay.
More and more people in the world today have a memory of video games as children. However, each new generation seems to be spending more time playing video games. Moreover, games today are more advanced than ever. Therefore, the games popularity is probably not going to lose, so you must read the following article for some tips on how to use the video game experience.
Friv 83
Friv 11
Medina vs Arizona is now SCOTUSblog's "Petition of the Day"
http://www.scotusblog.com/2014/02/petition-of-the-day-555/
I tend to agree with Paul that this is an easy case because it fits within Thomas's framework nicely. But who knows...
Cert. Denied in Medina v. Arizona, No. 13-735.
James v. United States, No. 13-632, more likely cert. grant, if the Court is inclined to delve back into the testimonial framework mess. And if, as I stated above, the Court has a coalition of justices that are willing to consider throwing out that framework altogether, at least with respect to forensic evidence hearsay.
what a great site and informative posts, I surely will bookmark your blog.Kizi 3 | Yepi
Johnson v California 13-8705 is back in the Supreme Court after a journey back into the appeals court and California Supreme Court. The case is awaiting cert again. It was one of several cases the US Supreme Court sent back to appeals court after Williams.
Johnson vs California has been distributed for conference on April 25, 2014.
Interesting! I never heard about such information before. Its really informative...
Keep Posting..
Friv Online Games
Juegos Friv
Thank you for sharing this article!
what a best kinds of the games like the other platforms the friv games games platforms is also the best one and the more nice and the more perfect one.
Thanks for all the information, documents and other reference summary to have died in October. Dead links in support not understand. Also, is there any way on the page to display comments on a comment DAY
Kizi 4 || Yepi 4
Thank you.You have opened my eyes to different views on this topic with interesting content and firmness.Kizi 2
I just wanted to let you know that what you do really affects peoples lives and that people - like me - truly appreciate it.
Thanks for sharing, very useful.
Friv
Friv 6
What's even more comfortable when you are entertaining after a day of hard work.
Thanks for the info! Is there a way I can tell my people about this post
http://www.friv10gaming.com
http://www.yepi3game.com
The article you have shared here very awesome. I really like and appreciated your work. I read deeply your article, the points you have mentioned in this article are useful. I must try to follow these points and also share others.
Great! Thanks for sharing the information. That is very helpful for increasing my knowledge in this field.
pacman |happy wheels |my little pony games | unblocked games
friv4 kizi 4| unblockedgames unblocked games for kids stunt master hacked
madness project nexus hacked
Thank you so much for this article. I've been finding it :) It will helps me much. I hope to see more and more posts of yours in the future :)
happy wheels | car games | racing games | online games
Kizi Games - update new-best free Cartoon Games online from internet. Toon Games is a free online cartoon flash games site where you can find games from all your favorite cartoons such as Ben10, Dora, Tom and Jerry, Spongebob and many more.
New experience for each of your emotions. Thrilling, vibrations of love, adventure adventurous or want to destroy all ... are transformed into this game:
Mario Games || Friv || Doraemon Games || Kizi
I just wanted to let you know that what you do really affects peoples lives and that people - like me - truly appreciate it.
Yepi 2 | kizi games | 85play
Ich danke Ihnen für das Interesse, das Sie und die von Ihnen vertretenen Gremien, die Gebietskörperschaften von Valle de Lónguida, Aoiz, Valle de Artze und Oroz-Beztelu
Friv4school 2017
Gry Friv 5
Jeux De Five Nights at Freddy's
Juegos De Five Nights at Freddy's 2
Juegos De Freddy
Jeg takker Dem for den interesse, som De og de organer, De repræsenterer, Navarra-regionens kommuner i Valle de Lónguida, Aoiz, Valle de Artze, Oroz-Beztelu, Junta General del Valle de Aezcoa samt Coordinadora de Itoiz, har vist i bevaringen og beskyttelsen af miljøet.
Juegos De Friv 3
Juegos De Friv 4
Juegos Friv 5
Kizi 2
Yooob
Good post however , I was wondering if you could write a litte more on this subject?
- happy wheels
- happy wheels
- tetris
- brain games
- puzzle games
- agario
- abcya
- fnaf 4
Tiny Tanks other Tiny Planes are appealing for your child. In Tiny Planes you can play Run 3 Unblocked Hacked unblocked Games. Milky quite interesting if you explore all Run 3 Unblocked . The same play with Car Racing Games , Donkey Kong Unblocked and are also Super Mario Unblocked offline
Speaking of football games can not fail to mention head soccer . head soccer is a great game that every player knows games. Not only that Big Head Soccer or Big Head Football games also are a lot of lovers. Please entertainment with Big Head Soccer Big Head Football offline
Great post I would like to thank you for the efforts you have made in writing this interesting and knowledgeable article.
us open 2016 live stream
Tennis Web
Thanks so much and I like it!
Kizi 1000 | Friv
Y8.Com is adress online funny games for kids.
Juegos de Twizl | Friv 2019
Thank you blog. Best was very helpful to me, and I'm glad to come here!
Y8Y8
Y88
Y8 Games
Yebi
Thanks, You need entertainment. Visit our website. hope you get the most comfor
Kizi Games
All Unblocked
Juegos Friv
Kizi
You very comfortable of you to say so
Juegos 9
Juegos Friv 2017
Juegos Friv 2018
Juegos 5
Your article very well and good, bringing inspiration to many. I hope people visit my website.
Hooda Math Run
Friv 4 School
Juegos Friv 3
Hooda Math Games
Hi i was browsing your blog and i found it really interesting! i too have a website
Friv 4 School
Friv 3
Abc Mouse
Y8 Unblocked
Thanks for sharing an interesting post. We eagerly waiting for your next post on something new updates.
Run 3 Games
Y3
Kizi Unblocked
Friv Unblocked
Run 3
Gogy Games
friv 2018 is new flash games which are expected to be the best Friv 4 games to play. You can find all game Friv 4 school free in Friv 2018 and Friv 4 School .Friv 2018 is one of the number one websites that offers thousands of exciting games around the world with high quality. Here, you can search for games in any category. We guarantee that your satisfaction is our pleasure.
Friv
tủ nấu cơm
máy làm Ðá
This is overall a really nice game rocket ..i love it...its actually reaally fun but i think that jerry should have been a little more fast..do install it if you're looking for some fun and excitement
Main Laptop
, thay Main Laptop
Thanks for sharing and I like your topic of selection for blog but want to suggest you for sharing some more information. If you want play fun games online for all ages of 2018, You should play all Friv games for kids at : Friv3play.net, Friv 10: The Best Friv 10 Online Games! [Jogos | Juegos] for free or other hot y8 game as y8 games unblocked game,try it now with friends !
Wonderful web journal. I appreciated perusing your articles. This is really an extraordinary read for me. I have bookmarked it and I am anticipating perusing new articles. Keep doing awesome! friv 5 | friv5 | http://friv5.me/ | http://friv5.me/tag/kizi.html - friv 5 games - friv5 online - juegos friv 5
Gracias por compartir su pasión por el mejoramiento de Friv 2019 Friv Friv 2019 las vidas de los niños en el Estado de Friv Jeux De Fille 2019 Jogos Friv 1000 Jogos Friv 4 Gracias por vuestras reacciones a Juegos Friv 2019 Juegos Kizi 2019 las transmisiones que os han hecho.
Thank for shared, good game!
Thank you very much for the information you shared, it's all I've been looking for. It i feel very great, please visit my website, to feel.
GamesBx 11
Wonderful web journal. I appreciated perusing your articles. This is really an extraordinary read for me. I have bookmarked it and I am anticipating perusing new articles. Keep doing awesome!
Biến môn tiếng Anh kỳ thi THPT Quốc Gia chỉ là "Muỗi"
TOP những cuốn sách cho thi tiếng anh
Top những cuốn sách luyện thi THPT Quốc Gia môn tiếng Anh mọi thời đại
3 cuốn sách luyện thi THPT Quốc Gia môn tiếng Anh hay nhất
những cuốn sách tiếng Anh hiệu quả cho kỳ thi THPT Quốc gia 2019
Những đầu sách học tiếng Hàn hay và bán chạy nhất hiện nay
I would really like to have more details about it than there already are. I thought there would be work on this on https://mcbooks.vn but there has been none. Anyways, thanks a bunch for putting up this work, been great to at least learn about!
https://tiki.vn/america-shark-tank-bi-quyet-kinh-doanh-cua-shark-mark-cuban-p5199361.html
https://tiki.vn/america-shark-tank-bi-quyet-kinh-doanh-cua-shark-mark-cuban-p5199361.html
https://tiki.vn/dac-nhan-tam-ban-dich-goc-tu-nguyen-hien-le-tang-kem-audio-book-p3640421.html
https://tiki.vn/quang-ganh-lo-di-va-vui-song-nguyen-hien-le-bo-sach-song-sao-cho-dung-p3640427.html
https://tiki.vn/giup-chong-thanh-cong-p4438295.html
https://tiki.vn/thu-gui-nguoi-dan-ba-khong-quen-biet-p4438293.html
https://tiki.vn/ren-luyen-tinh-cam-nguyen-hien-le-p4541067.html
https://tiki.vn/bon-muoi-guong-thanh-cong-nguyen-hien-le-bo-sach-song-sao-cho-dung-p3640423.html
https://tiki.vn/luyen-tinh-than-hay...en-le-bo-sach-song-sao-cho-dung-p3640425.html
Very informative written post. The writer here has done a great job. I personally use them exclusively high-quality elements.I would love to see more of the same from you Hotel Deals. Thank you for discussing this great post.
https://mcbooks.vn/top-nhung-cuon-sach-on-thi-tieng-anh-thpt-quoc-gia/
https://mcbooks.vn/nhung-cuon-sach-tu-hoc-tieng-han-hay-duoc-doc-gia-danh-gia-cao/
https://mcbooks.vn/top-3-bo-sach-hoc-tieng-han-hieu-qua-nhat/
https://mcbooks.vn/kham-pha-top-5-cuon-sach-hoc-tieng-anh-hay-nhat/
https://mcbooks.vn/top-10-sach-hoc-giao-tiep-tieng-anh-hay-nhat-do-nguoi-hoc-binh-chon/
https://mcbooks.vn/tong-hop-top-10-nhung-cuon-sach-hoc-tieng-han-hay-nhat/
https://mcbooks.vn/review-bo-sach-luyen-thi-tieng-han-topik-danh-cho-nguoi-viet/
https://mcbooks.vn/top-10-cuon-sach-hoc-giao-tiep-tieng-anh-huu-ich-do-nguoi-hoc-binh-chon-2/
https://mcbooks.vn/kham-pha-top-5-cuon-sach-hoc-tieng-anh-hay-nhat/
Wonderful web journal. I appreciated perusing your articles. This is really an extraordinary read for me. I have bookmarked it and I am anticipating perusing new articles. Keep doing awesome!
https://mcbooks.vn/ngo-trong-thanh-tronie-ngo-365-review-bo-sach-but-pha-on-thi-thpt/
https://mcbooks.vn/hoang-yen-chibi-review-bo-sach-but-pha-on-thi-thpt/
https://mcbooks.vn/vtv6-review-bo-sach-but-pha-diem-thi-thpt-quoc-gia-2018/
https://mcbooks.vn/bo-sach-tong-hop-kien-thuc-giup-si-tu-but-pha-diem-thi-thpt-quoc-gia/
https://mcbooks.vn/on-gioi-tuyet-chieu-but-pha-diem-thi-thptqg-2018-day-roi/
https://mcbooks.vn/tuyet-chieu-but-pha-diem-thi-thpt-quoc-gia-2018/
https://mcbooks.vn/hong-thanh-lay-duc-phuc-se-doi-nghe-tu-van-tuyen-sinh/
https://mcbooks.vn/review-tron-bo-sach-but-pha-diem-thi-thptqg-2018/
The article is very good, I really like it. I have learned a lot, then I will pay more attention to you. I am impressed by the quality of information on this site.
I hope you will also visit and follow my website. Thank you
Friv Unblocked
Avast Phone Number
Mcafee Support Number
Norton Customer Service
Malwarebytes Phone Number
Norton toll free number
McAfee customer service phone number
Phone number for Malwarebytes
Hp printer support windows 10
Canon printer tech support telephone number
That was fantastic. Thank you for writing it, and also for linking it
here. Let's gab.
Friv,Friv 2020,
Minecraft,
Juegos Friv,yoob
Such amazing content 안전공원추천
Haloo pak^^
Kami dari SENTANAPOKER ingin menawarkan pak^^
Untuk saat ini kami menerima Deposit Melalui Pulsa ya pak.
*untuk minimal deposit 10ribu
*untuk minimal Withdraw 25ribu
*untuk deposit pulsa kami menerima provider
-XL
-Telkomsel
untuk bonus yang kami miliki kami memiliki
*bonus cashback 0,5%
*bunus refferal 20%
*bonus gebiar bulanan (N-max,samsung Note 10+,Iphone xr 64G,camera go pro 7hero,Apple airpods 2 ,dan freechips)
Daftar Langsung Di:
SENTANAPOKER
Kontak Kami;
WA : +855 9647 76509
Line : SentanaPoker
Wechat : SentanaPokerLivechat Sentanapoker
Proses deposit dan withdraw tercepat bisa anda rasakan jika bermain di Sentanapoker. So… ? tunggu apa lagi ? Mari bergabung dengan kami. Pelayanan CS yang ramah dan Proffesional dan pastinya sangat aman juga bisa anda dapatkan di Sentanapoker.
An outstanding share! I've just forwarded this onto a friend who had been conducting a little homework on this. And he in fact ordered me lunch because I found it for him... lol. So allow me to reword this.... Thank YOU for the meal!! But yeah, thanx for spending time to discuss this issue here on KBC Lottery web site.
Ayo Bermain Dan Bergabung Bersama Mario Bola
Tersedia Bonus Menarik Di setiap hari dan Setiap Minggu nya ^^
Promo Yang berlaku Di www.mariobola(dot)info :
HOT PROMO :
- Bonus Deposit Pertama Setiap Hari 10% (Max Bonus 200ribu) Minimal TO 3x
- Bonus Cashback Mingguan Di Sportbook 5% - 15% (Minimal Kekalahan 250ribu)
- Bonus Refrensi Mingguan Di Permainan Sportbook 2,5%
- Bonus Refferal Mingguan Di Permainan Slot & Casino 2.5%
- Bonus Rollingan Mingguan Sportbook Refferal 0,1%
- Bonus Cashback Slot Mingguan 5% (Minimal Kekalahan 500Ribu)
- Bonus Rollingan Poker 0.2%
- Bonus Rollingan Casino 0.8% ( WM & 885Crown ) ( GD88 Otomatis masuk ketika betting )
Bisa Deposit Via Pulsa Telkomsel & XL
Menang Berapapun Dibayarkan !!
Buktikan kemenanganmu Sendiri sekarang juga !!
Hanya di www.mariobola(dot)info
Info pendaftaran
whatsapp :+6283161896684
Post a Comment