Friday, April 27, 2007

Can testimony be preserved before arrest?

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It often happens that for some time after commission of a crime, especially a homicide, a suspect is not apprehended, yet the state anticipa...
4 comments:
Thursday, April 19, 2007

Illinois Supreme Court deems statements to clinician and social worker to be testimonial

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The Illinois Supreme Court issued a significant decision today in People v. Stechly (and thanks to my former student Brian Koch for pointin...
6 comments:

Another state decides (at least partially) correctly on lab reports

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The Oregon Supreme Court today decided State v. Birchfield (and thanks to Ryan Scott for calling it to my attention even before it was deci...
1 comment:
Monday, April 09, 2007

California Supreme Court decision in People v. Cage -- commentary by Jeff fisher

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The California Supreme Court issued its decision yesterday in the long-awaited case of People v. Cage . (Thanks to Paul Vinegrad for callin...
7 comments:
Thursday, March 29, 2007

Jessica Smith's "Emerging Issues": Links Available

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Jessica Smith, a member of the faculty at the School of Government of the University of North Carolina at Chapel Hill, has given me permissi...
Saturday, March 24, 2007

"A Sixth Sense About Criminal Trials"

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The ABA Journal E-Report has a nice write-up on Jeff Fisher, especially emphasizing Crawford and related issues, and discussing how the tex...
1 comment:
Wednesday, March 21, 2007

Deepening Conflict on Lab Reports

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Yesterday, in State v. March , 2007 WL 828156, the Missouri Supreme Court joined other jurisdictions in holding that a lab report prepared...
3 comments:

A Challenge to Maryland v. Craig

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Lawyers from Baker Botts in Washington, D.C., have filed a well-crafted petition for certiorari asking the Supreme Court to take another l...
3 comments:
Tuesday, March 06, 2007

Confrontation Milestone?

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I'm still working on my posting on Whorton v. Bockting. But meanwhile, Roger Kirst of the University of Nebraska College of Law, who fol...
5 comments:
Monday, March 05, 2007

A Flurry of Forfeiture Decisions

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There have been three significant decisions on forfeiture within the last few weeks: U.S. v. Martinez, 2007 WL 489217 (D.C.Cir. Feb 16, 2...
3 comments:
Wednesday, February 28, 2007

Crawford not retroactive

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I'm on vacation but Ive just found out that the Supreme Court held today in the Whorton case that Crawford isn't retroactive. No ...
3 comments:
Monday, February 26, 2007

Certiorari denied in Craig

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Today the Supreme Court denied the petition for certiorari I filed in Craig v. Ohio . Obviously, I am disappointed. I think the issues th...
6 comments:
Friday, February 16, 2007

Harmless Error and Confrontation

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It is clear that Confrontation Clause errors are subject to harmless error analysis. Delaware v. Van Arsdall , 475 U.S. 673 (1986). But it...
2 comments:
Tuesday, February 06, 2007

Brief in Opposition and Reply Brief in Craig v. Ohio

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You can read the state's brief in opposition to the petition for certiorari in Craig v. Ohio by clicking here , and my reply brief in s...
9 comments:
Tuesday, January 23, 2007

Cert denied in Campbell/Pinks

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The Supreme Court denied certiorari yesterday in Campbell v. North Dakota . The primary issue presented by the petition -- whether a state ...
2 comments:
Friday, January 12, 2007

The Accused Who Doesn't Really Want Confrontation

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This posting is actually a response to a comment by Pam Metzger, which you can read under an earlier posting, Lab reports and a notice-and-d...
2 comments:
Friday, January 05, 2007

Crawford, Davis, and Way Beyond

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Here is a link to the draft of my paper from the conference held at Brooklyn Law School in September. The final version will be published,...
3 comments:
Wednesday, January 03, 2007

Pending Cert Petitions

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Happy new year to all readers! Here are two pending certiorari petitions. One , filed by Jeff Fisher, seeks review of State v. Campbell , ...
10 comments:
Saturday, December 02, 2006

Audio Recordings of Oral Arguments in Davis and Hammon

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This will be of interest to Confrontation Clause junkies and to my mother: I have just learned that audio recordings of the arguments in Da...
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: