The Confrontation Blog

This blog is devoted to reporting and commenting on developments related to Crawford v. Washington, 541 U.S. 36 (2004). Crawford transformed the doctrine of the Confrontation Clause, but it left many open questions that are, and will continue to be, the subject of a great deal of litigation and academic commentary.

Friday, October 26, 2007

Further developments and thoughts on child witnesses

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Yesterday, the Ohio Supreme Court decided State v. Siler . In my view, this is a case of considerable interest, significance, and difficu...
6 comments:
Tuesday, October 16, 2007

Second Brooklyn Symposium now available on-line

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Papers from the second post- Crawford symposium organized by Bob Pitler at Brooklyn Law School are available on-line, and you can reach them...
3 comments:
Thursday, September 20, 2007

A view of Crawford from a Massachusetts judge

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A Massachusetts judge, Davd Lowy, and Katherine Bowles Dudich, who has served as a law clerk for his court, recently published an article ti...
3 comments:
Wednesday, September 12, 2007

Conflict deepens on expert evidence

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I have already commented on issues raised by expert evidence in several posts. See The Not-for-the-Truth End Run ; The Expertise End Run and...
Friday, September 07, 2007

Child Witnesses on the Academic and Judicial Front

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Some of the most perplexing issues related to the Confrontation Clause involve statements by children. The Indiana Law Journal has recently ...
1 comment:
Wednesday, August 29, 2007

Opportunity for Cross-Examination at Preliminary Proceedings

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I am writing this post to invite readers' comments on this set of questions: California v. Green , 399 U.S. 149 (1970), holds that an o...
10 comments:
Friday, August 17, 2007

Ninth Circuit decision in Yida -- on "reasonable means" and unavailability

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Yesterday, a panel of the United States Court of Appeals for the Ninth Circuit issued its decision in United States v. Yida , 2007 WL 23251...
Friday, August 03, 2007

Standard of review for limitations on cross-examination

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Greg May has brought to my attention a significant en banc decision, United States v. Larson , 2007 WL 2192256 , issued Wednesday (Aug. 1,...
Friday, July 20, 2007

Forfeiture: The Standard of Proof and the Reflexive Case

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Here's a post I meant to put up several weeks ago: The Washington Supreme Court has joined the minority of courts that have adopted an e...
Sunday, July 01, 2007

Cert petition by Missouri on the lab report issue

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One of the most significant outstanding Crawford -related issues is whether lab reports and other reports routinely prepared as part of the ...
3 comments:
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:
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