Thursday, February 05, 2015

Reply brief in Clark

Ohio filed its reply brief in the Clark case yesterday.  It will be argued on March 2.

I hope to be posting some additional commentary on the case  at some point next week.

1 comment:

Anonymous said...

In Duhs v. Capra, No. 13-CV-1056 (E.D.N.Y. Feb. 3, 2015), Judge Jack Weinstein held that a child's statement to an emergency room doctor that the defendant held him in a tub causing burns were testimonial and granted a writ of habeas corpus. In doing so, Judge Weinstein distiguished Ohio v. Clark, and held that the N.Y. Court of Appeals application of the Crawford rule was objectively unreasonable.