Monday, November 24, 2025

Pitts v. Mississippi: Supreme Court appears to reaffirm Craig in a per curiam opinion

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Maryland v. Craig , 497 U.S. 836 (1990) , an important pre- Crawford  case, held that in some circumstances a child witness may be allowed t...
3 comments:
Friday, March 28, 2025

Franklin v. New York -- interesting statements accompanying a cert denial

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For decades, I have benefited from the extraordinary efforts of three friends to keep me informed on matters I should know about – my co-cle...
2 comments:
Wednesday, August 28, 2024

A Ninth Circuit decision -- room for improvement

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 The United States Court of Appeals for the Ninth Circuit just issued a decision, not designated for publication, in United States v. Riggs ...
Friday, August 16, 2024

Failure to preserve: Why does this keep happening?

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Occasionally, but too often, a perfectly good Confrontation Clause objection is held unreviewable and lost because defense counsel fails to ...
Sunday, July 28, 2024

People v. Washington – an excellent decision on statements not explicitly reported at trial, on when a statement is testimonial, and on the “explaining what the officer did” end run

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On Friday, the Supreme Court of Michigan issued its decision in People v. Washington , a case about which I have posted a couple of times be...
2 comments:
Thursday, June 27, 2024

Smith v. Arizona: Were the statements testimonial?

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              In a prior post, I have analyzed the justices’ treatment of the questions presented in the petition in Smith v. Arizona .  Lur...
6 comments:
Tuesday, June 25, 2024

Smith v. Arizona: The Supreme Court decisively rejects the “in support of the opinion” end run

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                  The Supreme Court decided Smith v. Arizona on Friday.  On the whole, it was a very good decision.  The Court reversed una...
14 comments: