The Confrontation Blog

This blog is devoted to reporting and commenting on developments related to Crawford v. Washington, 541 U.S. 36 (2004). Crawford transformed the doctrine of the Confrontation Clause, but it left many open questions that are, and will continue to be, the subject of a great deal of litigation and academic commentary.

Thursday, January 27, 2005

American Prosecutors Research Institute on Crawford

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The American Prosecutors Research Institute has devoted an issue of its journal The Voice to Crawford v. Washington . As one might exp...
5 comments:
Tuesday, January 25, 2005

Cross-examination by Another Party

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The Wisconsin Supreme Court issued an opinion today, in State v. Hale , holding that the trial court had violated Crawford v. Washington in...
Monday, January 24, 2005

Mendez on Crawford

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Miguel A. Méndez of Stanford Law School has published Crawford v. Washington: A Critique , 57 Stan. L. Rev. 569 (2004). The article covers...

Non-testimonial Statements

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Crawford v. Washington left open the status under the Confrontation Clause of non-testimonial statements. While saying that the primary foc...
1 comment:
Thursday, January 20, 2005

The Interrogation Bugaboo

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Since Crawford v. Washington , some courts have said that a statement is not testimonial unless it is made in response to governmental inter...
1 comment:
Friday, January 14, 2005

Statements by Government Agents

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I hope soon to post a discussion of the question of whether a statement must be made to a government agent to be considered testimonial; I d...
3 comments:

Victimless Prosecutions

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Andrew J. King-Ries, who has extensive experience prosecuting domestic violence cases with the King County (Washington) Prosecutor’s Office,...
3 comments:
Sunday, January 02, 2005

The Formality Bugaboo

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Some cases have indicated that a statement cannot be considered testimonial for purposes of the Crawford inquiry unless it was made formall...
3 comments:
Thursday, December 23, 2004

Crawford and Martha Stewart

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Though Martha Stewart's case is not a "run-of-the-mill assault prosecution" like Michael Crawford's, it may not be what Ju...
5 comments:
Tuesday, December 21, 2004

Articles by Robert Mosteller and Thomas J. Reed on

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Two new articles on Crawford have been published. One, Robert P. Mosteller, Crawford v. Washington: Encouraging and Ensuring the Confrontat...
7 comments:
Thursday, December 16, 2004

International Journal Issue: Perspectives on Crawford

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International Commentary on Evidence has devoted its latest issue to Perspectives on Crawford v. Washington . There is an introduciton by th...
10 comments:

Jeff Fisher's Outline of post-Crawford Cases

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Jeffrey L. Fisher of Davis Wright Tremaine is the young lawyer who brought, argued, and won not only Crawford but also Blakely v. Washingt...
3 comments:
Tuesday, December 14, 2004

Forfeiture and dying declarations

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Crawford noted accurately, n.6 and accompanying text, that there is "scant evidence" that at the time of the Sixth Amendment hear...
4 comments:

National Law Journal article

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Yesterday's issue of the National Law Journal has an article by Leonard Post called Prosecutors feel broad wake of 'Crawford' . ...
Friday, December 10, 2004

Recent Developments Concerning Excited Utterances

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One of the areas in which Crawford clearly has a large potential impact is that of statements that are characterized as excited utteran...
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