tag:blogger.com,1999:blog-9532013.post7383017707195575006..comments2024-03-28T04:12:44.103-04:00Comments on The Confrontation Blog: Two new lab report cases from New JerseyRichard D. Friedmanhttp://www.blogger.com/profile/08376534293308240526noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-9532013.post-52709167992074156672020-04-11T03:23:02.291-04:002020-04-11T03:23:02.291-04:00Haloo pak^^
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Pelayanan CS yang ramah dan Proffesional dan pastinya sangat aman juga bisa anda dapatkan di Sentanapoker.yessy haryantohttps://www.blogger.com/profile/16503331838637071246noreply@blogger.comtag:blogger.com,1999:blog-9532013.post-28304165855675637822014-10-21T01:20:39.014-04:002014-10-21T01:20:39.014-04:00The article you have shared here very awesome. I r...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. yepi onlinehttp://www.yepionline.orgnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-81920264973713645272014-10-02T11:58:17.432-04:002014-10-02T11:58:17.432-04:00@BWC. Yep. I await the professors thoughts on this...@BWC. Yep. I await the professors thoughts on this case. My own view, FWIW, is that the teacher is an agent for the state--I think that is obvious--but whether the child's statements are testimonial is a much closer question. My instinct is to say yes to that question too but my intellect tells me the court is likely to answer that question as a no. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-59947022302807453382014-10-02T10:10:00.270-04:002014-10-02T10:10:00.270-04:00SCOTUS just took another CC case: Ohio v. Clark, N...SCOTUS just took another CC case: Ohio v. Clark, No. 13-1352. Issue is whether alleged abuse victim's out-of-court statements made to teacher about abuse were testimonial.BWCnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-50939082145475246752014-09-08T16:08:32.540-04:002014-09-08T16:08:32.540-04:00Thank you so much for this blog! I am researching ...Thank you so much for this blog! I am researching issues related to cold-cases, and of course confrontation is perhaps *the biggest* Constitutional issue in those cases. What I can't figure out, and it is frustrating the heck out of me, is how are evidence logs treated? <br /><br />Usually with physical evidence, and investigator bags-it and tags-it. For the State to get that in (that is, properly authenticate it), we bring in someone who is a custodian of that evidence, to testify to the chain of custody based on what's on the evidence log. However, those logs contain information about the initial location that the testifying officer often times has no personal knowledge of (like many business records), but will testify to as simply part of the authentication process. <br /><br />"According to the Log, this shirt was picked up in Bedroom A, bagged by Officer X on such-n-such date" and then talk about all the times the bagged/secured evidence changed hands, examined, etc...<br /><br />I feel like you can argue that the statement "this shirt was picked up in Bedroom A" is testimonial in most cases. Some lower courts would view labels and location information as ministerial in nature (not quite raw data, but not rising to the level of a report--formal or informal--) and not necessarily excluded under the confrontation clause. <br /><br />I just can't help feel as if I am missing some case that looks at notes and labels made of evidence at crimes scenes. Mollynoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-74286107872497675942014-08-16T21:52:58.861-04:002014-08-16T21:52:58.861-04:00There is absolutely no question (at least in my mi...There is absolutely no question (at least in my mind) that the Court will grant cert. in Ohio v. Clark.<br /><br />The case will afford the Court an opportunity to (hopefully) clarify many aspects of Confrontation Clause law that are currently a muddled mess.<br /><br />It will be interesting to see what Prof. Friedman has to say about all of the issues that this case brings to the forefront.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-4821810911107889232014-08-16T04:49:15.489-04:002014-08-16T04:49:15.489-04:00What's even more comfortable when you are ente...What's even more comfortable when you are entertaining after a day of hard work. friv 3http://www.friv3play.orgnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-86895455975900830682014-08-16T00:23:36.523-04:002014-08-16T00:23:36.523-04:00The child hearsay declarant in Ohio v. Clark was n...The child hearsay declarant in Ohio v. Clark was not a "witness against" within the meaning of the Confrontation Clause because, even assuming that the teacher/mandatory reporter was a government "agent," the primary purpose of eliciting the statement was not to accuse a targeted suspect of a crime, i.e., the government teacher didn't have a particular suspect in mind when the child declarant was questioned. (Thus, Justices Kennedy, Roberts, Alito & Breyer would not deem the statement "testimonial.) <br /><br />And, even if that was the primary purpose of the government teacher, the statement was not formalized in any way. (Thus, Justice Thomas would join the above four justices in their "non-testimonial" holding.)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-86814347641856186782014-08-14T19:43:41.187-04:002014-08-14T19:43:41.187-04:00SCOTUSblog has a confrontation clause case up for ...SCOTUSblog has a confrontation clause case up for today and for once in a long time it's not about lab testing!<br /><br />http://www.scotusblog.com/case-files/cases/ohio-v-clark/<br /><br />Ohio v Clark<br /><br /> "whether a child's out-of-court statements to a teacher in response to the teacher's concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause."<br /><br />Thoughts?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-1724307272170187672014-08-11T11:22:02.379-04:002014-08-11T11:22:02.379-04:00You write that Williams "does stand for somet...You write that Williams "does stand for something." What is the "something" for which it stands?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9532013.post-39726443718327435822014-08-09T17:12:32.756-04:002014-08-09T17:12:32.756-04:00Thanks for this post, I just read these the other ...Thanks for this post, I just read these the other day. It was interesting to see <i>Moon</i> from the Seventh Cir. mentioned in passing in <i>Michaels</i> (but not <i>Washington</i> from the Fourth Cir., for some reason). Brian S.noreply@blogger.com