Friday, February 10, 2006

A Personal Confrontation Bibliography

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Areader has asked for a listing of my writings on confrontaiton. Here are citations. I will try to add in links in the near future. Is Bar...
4 comments:
Wednesday, February 08, 2006

State-side briefs in Davis and Hammon

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The state-side briefs in Davis and Hammon were filed on Thursday, February 2. To look at PDF copies of each brief, click below. 1. Brief o...
5 comments:
Wednesday, February 01, 2006

Crawford and Bruton -- any relation?

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I've gotten a couple of inquiries tonight -- and some others before -- about the relation of Crawford to Bruton . It seems to me that ...
8 comments:
Wednesday, January 25, 2006

The Not-for-the-Truth End Run

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The recent decisions of the Second Circuit in Martha Stewart’s case, United States v. Stewart , 2006 WL 27583 , and of the First Circuit in ...
3 comments:
Monday, January 23, 2006

Arguments set for March 20 in Davis and Hammon

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The Supreme Court has scheduled arguments in Davis v. Washington and Hammon v. Indiana for March 20 -- Davis first and Hammon immediatel...
Saturday, December 24, 2005

R. v. Brasier -- a classic case from 1779

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I have been commenting on very recent cases, but here is R v. Brasier, 1 Leach 199, 168 E.R. 202, a case from 1779 that has been much cited ...
8 comments:

United States v. Hadley: Not My Views on Fresh Accusations!

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I must resist the temptation to comment here on every interesting Crawford case that comes down, and while Hammon and Davis are pending I...
1 comment:

The Expertise End Run and People v. Goldstein

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The New York Court of Appeals, the highest court in the state, issued a brave opinion on Deember 20 in People v. Goldstein , a notorious cas...
3 comments:

Petitioner-side briefs filed in Hammon and Davis

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The briefs for the petitioners and supporting amici in Hammon v. Indiana and Davis v. Washington were filed on December 22. You can see th...
2 comments:
Monday, October 31, 2005

Cert granted in Davis and Hammon

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The Supreme Court today granted certiorari in both Davis v. Washington , No. 05-5224, and Hammon v. Indiana , No. 05-5705. Davis primaril...
5 comments:
Wednesday, October 26, 2005

Waiting for the Supreme Court; National Law Journal article on pending cert petitions

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The Supreme Court will have the cert petitions in Hammon v. Indiana and Davis v. Washington before it at its conference on Friday; my under...
3 comments:
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: