Sunday, November 12, 2006

Pending Crawford Issues

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I’ve been asked to lay out some significant unresolved issues related to Crawford . Here is a list. It can’t hope to be exhaustive, of cou...
9 comments:
Friday, November 10, 2006

Manipulation of the "Objective Witness" Standard

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I’m not making any predictions about what will happen in Columbus, Ohio, on November 18, but here’s a prediction I will make: The Michigan ...
21 comments:
Wednesday, November 01, 2006

Argument in the Retroactivity Case

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The Court heard argument today in Whorton v. Bockting , posing the question of whether Crawford should be applied retroactively. For a rep...
5 comments:
Friday, October 06, 2006

Lab reports and a notice-and-demand statute -- a significant decision from Minnesota

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The Minnesota Supreme Court's decision yesterday in State v. Caulfield , 2006 WL 2028676 (Minn. Oct. 5, 2006),is notable and on the who...
9 comments:
Monday, September 25, 2006

Crawford-Davis Symposium at Regent Law School

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As mentioned in a previous post , Brooklyn Law School is holding a one-day symposium on Crawford - Davis related issues this Friday. Two ...
Wednesday, August 30, 2006

Crawford and Capital Sentencing

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Andy Fine has called to my attention two recent cases, one quite good and the other not. I’ll discuss the bad one in another posting. The ...
7 comments:
Friday, August 18, 2006

James Duane on the Puzzling Failure to Recognize the Death of Roberts

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Crawford , in holding that testimonial statements lie at the core of concern of the Confrontation Clause and that satisfying the Roberts re...
Thursday, August 17, 2006

No Confrontation Problem if Not Offered for the Truth

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The confrontation right only arises if the statement in question is offered into evidence for the truth of what it asserts. This basic prin...
7 comments:
Thursday, August 10, 2006

Analysis of post-Davis Supreme Court decisions

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I previously posted a brief, preliminary summary, prepared by Andrew Fine, of the Supreme Court's decisions after Davis , denying certi...
3 comments:
Monday, August 07, 2006

"First Impressions" -- An On-Line Symposium from the Michigan Law Review

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The Michigan Law Review has begun an on-line "companion" journal called First Impressions, which has just published its first edi...
Wednesday, August 02, 2006

Shifting the Burden, Take 2

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One response to Crawford that has been attempted by prosecutors in some states has been to tell defendants, in effect, "We are introduc...
4 comments:
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: