Saturday, December 29, 2007

A duty to mitigate with respect to statements made before the crime being charged?

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An anonymous reader – please identify yourselves if possible! – has offered the following comment in response to my posting on the pending ...
8 comments:
Monday, December 24, 2007

Two pending cert petitions (updated as of Feb. 7)

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Note: I wrote this post before the Court granted cert in Giles or decided on the petition in Melendez-Diaz . I am providing links to subs...
14 comments:
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: