Thursday, December 23, 2010

A cert petition on the scope of unavailability

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Along with local counsel in Maryland, I filed a cert petition this week in Benitez v. Maryland , concerning how unavailability should be det...
2 comments:
Wednesday, December 08, 2010

Top-side amicus briefs in Bullcoming

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Top-side amicus briefs – that is, the ones in support of the petitioner – were filed yesterday in Bullcoming v. New Mexico . Here they all...
3 comments:
Tuesday, December 07, 2010

Is there a multi-witness problem with respect to forensic lab tests?

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While litigating Briscoe v. Virginia , I conducted – through a research assistant, Andrew Mackie-Mason, now a student at the University of C...
3 comments:
Wednesday, December 01, 2010

Petitioner's Brief and Joint Appendix in Bullcoming

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Jeff Fisher, for the Petitioner, has filed the opening brief on the merits in Bullcoming v. New Mexico , the case involving a surrogate witn...
1 comment:
Saturday, November 20, 2010

Retaliatory killing and forfeiture

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A couple of people have pointed out to me the decision of the Sixth Circuit yesterday in United States v. Hendrickson . There are numerous ...
2 comments:
Monday, October 11, 2010

Audio recording in Bryant

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I just learned from Scotusblog that the Supreme Court is now making audio recordings of arguments available the week of argument. You can h...
2 comments:
Thursday, October 07, 2010

Reactions to the Bryant argument -- Part 2

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Here are further comments on the Bryant argument. The consequences of holding this statement non-testimonial – Justice Ginsburg asked an i...
8 comments:
Wednesday, October 06, 2010

Reactions to the Bryant argument -- Part 1

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I will not make any prediction on the ultimate outcome of Bryant , but here is a first installment of reactions to the argument. More to fo...
3 comments:
Tuesday, October 05, 2010

Bryant Transcript

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The Supreme Court held argument today in Michigan v. Bryant . You can read the transcriupt by clicking here . I will post some comments on...
2 comments:
Sunday, October 03, 2010

Bryant argument on Tuesday

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Michigan v. Bryant will be argued in the U.S. Supreme Court on Tuesday. I will be second chair to Peter Van Hoek, lead counsel for respond...
3 comments:
Tuesday, September 28, 2010

Cert grant on the surrogate witness issue

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I just realize I didn't post the first part of this message a few hours ago, when I thought I did! The Supreme Court granted cert today ...
15 comments:
Thursday, September 16, 2010

Decision on remand in Briscoe

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The Virginia Supreme Court today issued its decision in Briscoe on remand from the United States Supreme Court. You can read it by clicking...
3 comments:
Monday, July 19, 2010

State's reply brief in Bryant

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The state has filed a reply brief in Michigan v. Bryant . Like its main brief, the reply is refreshingly short. You can read it by clickin...
12 comments:
Thursday, June 24, 2010

Bottom-side amicus briefs in Bryant

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Yesterday was the due date for amicus briefs supporting the respondent (the defendant) in Michigan v. Bryant . I filed one, which you can ...
6 comments:
Thursday, June 17, 2010

Respondent's brief in Bryant

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Here is the brief, filed yesterday, of respondent Bryant in Michigan v. Bryant . Amicus briefs supporting Bryant are due on the 23rd. I e...
3 comments:
Monday, June 14, 2010

Cert denied in Pendergrass (and reply brief)

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As reported in a comment by an anonymous reader, the Supreme Court denied cert this morning in Pendergrass v. Indiana . I may have mroe to ...
7 comments:
Tuesday, May 11, 2010

State's BIO in Pendergrass

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The state has filed its Brief in Opposition in Pendergrass v. Indiana . You can read it by clicking here . Sooner or later, the Court is go...
7 comments:

State-side amicus briefs in Bryant

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The Solicitor General's Office and 36 states have filed amicus briefs on the state's side in Michigan v. Bryant . You can read the ...
3 comments:
Thursday, April 29, 2010

State's brief in Michigan v. Bryant

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The State, which is the petitioner, has filed its brief -- a day early -- in Michigan v. Bryant , the pending case on fresh accusations. Yo...
15 comments:
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: