Wednesday, September 21, 2005

Hammon: papered and ready for Conference

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I have previously posted my petition for certiorari in Hammon v. Indiana (lower court decision: State v. Hammon , 829 N.E.2d 444 (Ind. 20...
6 comments:
Monday, September 19, 2005

Supreme Court developments

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I have previously reported on pending cert petitions in two cases, Davis v. Washington and Hammon v. Indiana , but htere is another one ahe...

Fixed website for Fisher outline

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Jeff Fisher has prepared, and updates from time to time, an outline of post- Crawford developments that many readers have found very useful...
Wednesday, September 14, 2005

Fresh accusations -- interesting developments, useful in part

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The conflict in the lower courts with respect to fresh accusations has been deepened by two recent decisions. I have been holding off report...
Friday, August 19, 2005

NACDL-PDSDC Amicus in Davis

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Here is a link to the amicus brief of the National Association of Criminal Defense Lawyers and the Public Defender Service for the Distric...

A Useful Case on Forfeiture -- and Some Procedural Thoughts

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While sitting with the Sixth Circuit, Judge Algenon Marbley wrote the very useful opinion in People v. Cromer , 389 F.3d 662 (6th Cir.2004)...
5 comments:
Thursday, August 18, 2005

Retroactivity: Split Confirmed

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The Ninth Circuit has denied rehearing en banc, 2005 WL 1906932 (Aug. 11, 2005), of the 2-1 panel holding in Bockting v. Bayer , 399 F.3d 1...

Towards a Resolution on Fresh Accusations?

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We may be moving towards a Supreme Court resolution of the question of how the Confrontation Clause applies to fresh accusations – that is, ...
3 comments:
Friday, July 22, 2005

The Federal Circuits Go in Different Directions

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Among the most interesting recent decisions on Crawford are two by United States Courts of Appeals that illustrate how widely divergent are...
2 comments:
Tuesday, July 05, 2005

The Expert Opinion Problem

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Prof. Roger Park has called to my attention a case that presents an important issue in a form that he predicted. The general issue is this: ...
7 comments:

Crawford Beyond the Criminal Trial?

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My last post before I went on hiatus from the blog concerned the applicability of Crawford at sentencing proceedings. More broadly, I have ...
2 comments:
Wednesday, June 22, 2005

An important decision – the right way! – on 911 calls and statements to responding officers

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A decision of the Sixth Circuit, in United States v. Cromer , 389 F.3d 662 (6th Cir. 2004) , prompted me to begin this blog. And now after a...
5 comments:
Monday, April 04, 2005

Crawford and Sentencing

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I've been asked about the role, if any, that Crawford plays in sentencing proceedings, in light of Blakely and Booker . I don't k...
5 comments:
Friday, April 01, 2005

Crawford Pleads Guilty

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John Hansen ("Skelly") of Olympia, Washington, has informed me that, on remand, Michael Crawford has pled guilty to one count of f...
Monday, March 28, 2005

A Strange Federal Opinion on Dying Declarations and Forfeiture

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In United States v. Jordan , 2005 WL 513501 (D. Co. March 3, 2005), a judge of the United States for the District of Colorado has issued on...
3 comments:
Wednesday, March 16, 2005

Shifting the Burden

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Some prosecutors, eager to introduce an out-of-court testimonial statement at trial but not eager to put the witness on the stand, have atte...
2 comments:
Wednesday, March 09, 2005

Statements by Victims to Acquaintances

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Sometimes the vicitm of a crime makes a statement to an acquaintance describing the crime. The post- Crawford courts have generally treated...
Tuesday, March 08, 2005

Crawford on NPR

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Today is the first anniversary of Crawford , and as it happens Paul Rosenzweig, Senior Legal Research Fellow of the Center for Legal and Jud...
1 comment:
Friday, March 04, 2005

Forfeiture, the Prosecutorial Duty to Mitigate, and Rae Carruth

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I have advocated a broad theory of forfeiture: If a witness makes an out of court testimonial statement without then being subjected to conf...
5 comments: