Tuesday, July 25, 2006

Andy Fine on Davis and Hammon

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Andy Fine has written a fine practitioner's guide to issues presented in light of Davis and Hammon . Its primary audience is New York a...
Tuesday, July 18, 2006

New Crawford Symposium at Brooklyn

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Brooklyn Law School, under the leadership of Bob Pitler, ran an excellent symposium on Crawford in February 2005. They are now holding anot...
Wednesday, July 12, 2006

Post-Davis decisions by the Supreme Court: A Preliminary Look

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The Davis opinion left many questions unanswered, even within the realm of statements made shortly after a crime to law enforcement officia...
2 comments:
Monday, June 26, 2006

An interesting sidelight on Crawford and Craig

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In its decision today in United States v. Gonzalez-Lopez , the Supreme Court, per Justice Scalia, has an interesting discussion in passing o...
1 comment:
Monday, June 19, 2006

Hammon and Davis decided

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The Supreme Court decided Hammon v. Indiana and Davis v. Washington today, in a consolidated opinion written for the Court by Justice Scal...
4 comments:
Monday, May 15, 2006

Supreme Court to decide retroactivity of Crawford

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The Supreme Court granted cert today in Whorton v. Bockting , No. 05-595, thus agreeing to review the decision of the Ninth Circuit that Cra...
2 comments:
Friday, April 07, 2006

Later-arising evidence and adequacy of the opportunity for cross

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Crawford , quite properly, gives prosecutors incentive to take the testimony of witnesses before trial, under oath and subject to confrontat...
8 comments:
Tuesday, April 04, 2006

Transcripts of Arguments in Davis and Hammon

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The transcripts of the arguments in Davis and Hammon are now available. You can get the Davis transcript by clicking here , and the Ham...
2 comments:
Thursday, March 23, 2006

Report on the Hammon and Davis arguments

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Davis and Hammon were argued on Monday, and now we wait for the decisions. Robert H. Jackson once wrote, “[A]s Solicitor General, I made...
2 comments:
Thursday, March 09, 2006

Reply Briefs in Davis and Hammon

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Yesterday was the second anniversary of Crawford , and to celebrate I filed my reply brief in Hammon , which you can get by clicking here . ...
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: