Monday, December 07, 2009

Reply brief in Briscoe

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I have just served and filed the reply in Briscoe . You can read it by clicking here . The argument will be on January 11, at approximately...
4 comments:
Monday, November 02, 2009

Briscoe: Bottom side amicus briefs, and argument date

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The Solicitor General has filed an amicus brief in support of Virginia in the Briscoe case. You can read it by clicking here . Twenty-six...
3 comments:
Monday, October 26, 2009

Respondent's Brief in Briscoe

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The Commonwealth of Virginia has just filed its brief in Briscoe v. Virginia . You can read it by clicking here . The reply brief is due N...
2 comments:
Thursday, September 03, 2009

Joint Appendix in Briscoe

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For anybody who might be interested, here is a link to the Joint Appendix in Briscoe
1 comment:
Tuesday, September 01, 2009

Petitioners' Brief in Briscoe filed

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I have filed the Petitioners' Brief in Briscoe v. Virginia (U.S., Supreme Court, No. 07-11191) today. You may see it by clicking here ...
3 comments:
Monday, June 29, 2009

Cert granted in Briscoe

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As some readers already know, the Supreme Court granted cert today in Briscoe v. Virginia , on a petition I filed last year. The petition s...
23 comments:
Thursday, June 25, 2009

An initial reaction to the Melendez-Diaz decision

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Here are some early thoughts about the majority opinion in Melendez-Diaz v. Massachusetts , 2009 WL 1789468 , and Justice Thomas’s concurre...
21 comments:

Melendez-Diaz reversed

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Scotusblog reports that Melendez-Doiaz has been reversed, by a 5-4 vote, with Justice Sclaia writing the majority opinion and Justice Kenned...
21 comments:
Thursday, June 18, 2009

Michigan allows judges to bar witnesses wearing the niqab

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Nothing today on Melendez-Diaz . But yesterday the Michigan Supreme Court again took an action of interest, though this one I regard as ver...
1 comment:
Thursday, June 11, 2009

A nice decision from Michigan on fresh accusations

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The wait for Melendez-Diaz must be nearly over – Monday is another potential decision day. Meanwhile, I haven’t made any new postings for a...
8 comments:
Monday, April 06, 2009

Maybe they forgot about it?

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The Supreme Court completed its latest sitting today without deciding Melendez-Diaz v. Massachusetts . The long wait -- the case was argued...
14 comments:
Monday, March 09, 2009

Still no decision in Melendez-Diaz

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The Supreme Court has completed this sitting without issuing its decision in the Melendez-Diaz case, in which it will decide whether a fore...
21 comments:
Monday, March 02, 2009

Giles sent down for retrial

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Here is a belated report: The Giles case is wending its way back down through the California courts. After the remand from the United St...
3 comments:
Wednesday, February 18, 2009

NRC report on forensic evidence casts further doubt on reliability of lab evidence

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In deciding the Melendez-Diaz case, the Supreme Court should not give any weight to whether lab reports are reliable; the essence of Crawfo...
2 comments:
Wednesday, February 04, 2009

Confrontation and the Niqab

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I was interviewed yesterday on a Canadian Broadcasting Corporation radio program, The Current , about a pending case in which a Moslem woman...
11 comments:
Tuesday, January 27, 2009

Still waiting for Melendez-Diaz . . .

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The Supreme Court issued several decisions yesterday, including a couple from November and even one from December. But Melendez-Diaz , whic...
5 comments:
Wednesday, December 24, 2008

Thoughts on Melendez-Diaz: Certificates of Authenticity

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At the Melendez-Diaz argument, Justice Breyer posed one of the most interesting issues that is suggested by the case though not directly pr...
14 comments:
Thursday, December 18, 2008

Thoughts on Melendez-Diaz: The Product of Machines

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One of the issues addressed by some of the cases dealing with lab reports, and in the Melendez-Diaz argument, is the status for Confrontati...
5 comments:
Thursday, December 04, 2008

Eye contact between defendant and witness

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This blog focuses mainly on what might be called the hearsay aspect of the confrontation right — that is, on the question of when the confro...
2 comments:
Thursday, November 13, 2008

Thoughts on Melendez-Diaz: chain of custody, products of a machine, who must testify, etc.

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While Melendez-Diaz is pending, I am going to write about various significant issues beaing on it. Here I will write about the chain of cus...
21 comments: