Monday, February 21, 2005

Reflections on the Brooklyn Conference

›
On Friday, Brooklyn Law School held what I believe is the first full-scale academic conference on Crawford and related issues. Many thanks...
9 comments:
Wednesday, February 16, 2005

Grappling With the Meaning of "Testimonial"

›
I have been asked to speak at Friday's Brooklyn conference about the meaning of the word "testimonial" for Confrontation Claus...
1 comment:
Tuesday, February 15, 2005

A Case of Censorship?

›
I pride myself on being a mild mannered type, and friends (and my wife) say I have an overly thick skin, being the reverse of paranoid becau...
1 comment:
Friday, February 11, 2005

Prior Opportunity for Cross-Examination

›
If a witness is unavailable to testify at trial, her prior testimonial statement may nevertheless be admitted, consistent with Crawford , so...
2 comments:
Wednesday, February 09, 2005

Updated Fisher Outline of Crawford Cases

›
In December, I posted Jeff Fisher's outline of confrontation cases decided since Crawford . Jeff has updated the outline and once again...
Tuesday, February 08, 2005

Upcoming Crawford Events

›
Crawford will be the focus at two events in the near future. If you know of other events please let me know and I will be glad to post a no...
Monday, February 07, 2005

Maryland's Highest Court on "Tender Years" Statements

›
The Maryland Court of Appeals today issued its decision in State v. Snowden , affirming the decision of the Court of Special Appeals, which ...
2 comments:
Friday, February 04, 2005

Failure to Object

›
People v. Courson, 2005 WL 249988 (Tex. Ct. Apps. Feb. 3, 2005), holds that the defendant failed to preserve a confrontation issue by maki...
2 comments:
Wednesday, February 02, 2005

Important New Jersey Decisions on Excited Utterances

›
This week, the New Jersey Supreme Court issued a significant decision, State v. Branch , 2005 WL 221198, and a companion decision, State v. ...
Thursday, January 27, 2005

American Prosecutors Research Institute on Crawford

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

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