Thursday, June 23, 2011

Bullcoming reversed

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The Supreme Court has reversed the decision in Bullcoming , 5-4 per Justice Ginsburg. Right result, too close. That's all I know as of...
14 comments:
Wednesday, June 15, 2011

When is a statement presented for purposes of the Confrontation Clause?

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I had virtually completed the post below when Bullcoming was decided, and then I had to put it aside for a while. As it happens, the two i...
1 comment:
Thursday, May 26, 2011

An illustration of the dangers of the New Mexico rule in Bullcoming

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Hon. Dib Waldrip, a Texas trial court judge, active student of the Confrontation Clause, and reader of this blog, has told me about a recent...
9 comments:
Friday, May 06, 2011

Cert petition on the audience question

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An interesting and very capable petition for certiorari was filed this week in Racz v. California , 2011 WL 1689305 . The petition seeks re...
1 comment:
Monday, April 25, 2011

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Further proof that the death of Crawford has been greatly exaggerated comes in the form of a recent decision of the United States Court of A...
3 comments:
Monday, March 28, 2011

Statements made in the absence of interrogation

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Bryant concerns statements made in response to police interrogation. It remains clear, however, that interrogation is not a requirement fo...
3 comments:
Sunday, March 13, 2011

Due process confrontation rights

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A California lawyer has written me raising an important issue on which I don't believe I've written. I'll only offer a few thou...
7 comments:
Friday, March 11, 2011

Doesn't the Confrontation Clause apply in Kansas?

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Gee, I realize that some prosecutors are holding out hope that Melendez-Diaz will be confined or even overruled in Bullcoming , but it is t...
1 comment:

Linda Greenhouse on Scalia and Bryant

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Linda Greenhouse of Yale Law School, and formerly the long-time Supreme Court correspondent of the New York Times, has written an interestin...
Thursday, March 10, 2011

Confrontation, the Journalist's Privilege, and Harmless Error

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Focus on Crawford -related issues should not obscure the fact that many significant Confrontation Clause questions concern the scope of the ...
1 comment:
Monday, March 07, 2011

Child Observers and Bryant — a GVR

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This morning, the Supreme Court GVRed — granted, vacated, and remanded — the case of Allshouse v. Pennsylvania , No. 09-1396, for reconsider...
Sunday, March 06, 2011

Paul Vinegrad on "Government Coercion & The Confrontation Clause: Getting To The Heart of The Matter"

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Blog reader (and retired prosecutor) Paul Vinegrad has asked me to put the following post on the blog. I’m happy to do it, though as usual ...
5 comments:
Thursday, March 03, 2011

Impressions of the Bullcoming argument

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I attended Wednesday’s argument in Bullcoming v. New Mexico . Recall the facts in brief: The analyst who performed a test on Bullcoming’s b...
19 comments:
Wednesday, March 02, 2011

Preliminary thoughts on the Bryant decision

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Here are some preliminary observations on the opinions in Michigan v. Bryant . First, a brief review of the facts. Responding to a 911 call...
6 comments:
Monday, February 28, 2011

Bryant reversed

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I have been out of electronic contact most of the day; presumably many readers already know that the Supreme Court reversed the decision in ...
9 comments:
Tuesday, February 15, 2011

The Rae Carruth Case Six Years Later

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Nearly six years ago, I wrote a long post, Forfeiture, the Prosecutorial Duty to Mitigate, and Rae Carruth . Carruth is the former NFL play...
4 comments:
Friday, February 11, 2011

Melendez-Diaz acquitted

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As some readers already know, Luis Melendez-Diaz was acquitted yesterday on retrial of the case that made him famous within the circle of pe...
Wednesday, February 09, 2011

Reply brief in Bullcoming

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You can read the reply brief in Bullcoming , which was just filed, by clicking here .
Wednesday, January 26, 2011

"Pure Cold Case" Prosecutions & The Confrontation Clause: What Does The Future Hold?

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Paul Vinegrad has asked me to post the following, under the above heading; it is too long to fit in this blog as a comment. I’m glad to do ...
7 comments:
Thursday, January 20, 2011

Two more bottom-side amicus briefs in Bullcoming

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In addition to the brief of 33 states and the District of Columbia, which I earlier posted, two other bottom-side amicus briefs were filed ...
6 comments: