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.

Tuesday, March 02, 2010

More on Bryant

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Some more on Bryant : Here, once again, are links to the Michigan Supreme Court opinion, from the court's website and from Westlaw . A...
18 comments:

Cert grant in Bryant

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I was out of touch, skiing, yesterday, and am slow in reporting the news that the Supreme Crut granted cert in Michigan v. Bryant ; I had p...
1 comment:
Monday, January 25, 2010

Cert petition on "Who must testify?"

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Sooner or later, the Supreme Court will have to resolve the question of who must testify to the substance of a lab test. Indeed, with Brisc...
10 comments:

G . . . VR in Briscoe

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One June 25, the day the Supreme Court decided Melendez-Diaz , most observers -- including me -- confidently predicted that it would GVR Bri...
5 comments:
Thursday, January 14, 2010

Top 50 Criminal Justice and Criminology Blogs

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I just received word that Justice City, USA, another blog, listed the Confrontation Blog as one of the top 50 Criminal Justice and Criminolo...
7 comments:
Tuesday, January 12, 2010

Transcript in Briscoe

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The Supreme Court heard argument yesterday in Briscoe v. Virginia . You can read the transcript by clicking here . I will hold substantive...
9 comments:
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:
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