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.

Monday, October 15, 2012

Three decisions from the California Supreme Court on forensic reports

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The California Supreme Court issued three decisions today on the Confrontation Clause and forensic reports.  Two of them divided the court a...
34 comments:
Thursday, June 21, 2012

Source of the "targeted individual" test?

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I hope to be offering more commentary on Williams within a few days.  Meanwhile, perhaps I can offer a solution to one mystery.  Justice Ka...
23 comments:
Tuesday, June 19, 2012

Thoughts on Williams, Part I: Reasons to Think the Impact May be Limited

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Here is a first installment of preliminary thoughts on Williams . Obviously, I think the result is unfortunate; I think Williams should hav...
27 comments:
Monday, June 18, 2012

Petition in Rose denied

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I hadn't seen the order list before, but now I have. The etition for certiorari that I filed in Rose was indeed denied. So I guess th...
4 comments:

Opinions in Williams

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You can read the opininos in Williams v. Illinois by clicking here . Commentary from me later.
9 comments:

Williams affirmed without majority opinion

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Scotusblog reports that Williams was affirmed 5t-4, with Justice Alito writing for four justices (the Melendez-Diaz and Bullcoming dissenter...
2 comments:
Friday, June 01, 2012

BIO and reply brief in Rose v. Michigan

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I've been tied up, in large part with grading, but now I'm going to try to catch up on some postings I've been meaning to make o...
3 comments:
Thursday, March 29, 2012

Petition for certiorari on procedure for child testimony

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I'm sorry for the delay, but I am posting now a petition for certiorari that I filed on March 8, in Rose v. Michigan , raising issues co...
32 comments:
Friday, January 13, 2012

The latest from the European Court of Human Rights

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Last month, the Grand Chamber of the European Court of Human Rights decided Al-Khawaja and Tahery v United Kingdom . This is an obviously i...
14 comments:
Saturday, December 17, 2011

A (mostly) bad decision from the Fourth Circuit

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Several readers have pointed me to a decision made on Thursday by the U.S. Court of Appeals for the Fourth Circuit, U.S. v. Summers , 2011 W...
7 comments:
Thursday, December 15, 2011

The Cellmark report, and what it shows

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Here is the Cellmark report, taken from the public files of the United States Supreme Court in Williams v. Illinois . A few points about i...
7 comments:
Wednesday, December 14, 2011

On posting the Cellmark report

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I will soon post the Cellmark report, which a friend has gotten for me from the publicly available files of the U.S. Supreme Court. Before d...
3 comments:
Tuesday, December 13, 2011

Fifth Circuit allows testimony under pseudonyms

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Once again I'm writing on the question of where the Confrontation Clause should be treated categorically and where as a balance. In Unit...
3 comments:
Monday, December 12, 2011

Hardy v. Cross -- Supreme Court decision on required efforts to find an unavailable witness

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The Supreme Court issued a summary decision today in a Confrontation Clause case, Hardy v. Cross . Cross was tried on charges of kidnapping...
8 comments:
Sunday, December 11, 2011

The niqab and the structure of the confrontation right

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A few years ago, I posted a couple of messages on the issue of whether Muslim women should be allowed to testify while wearing a niqab, cove...
3 comments:
Friday, December 09, 2011

The Cellmark report

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Because the Cellmark report was never formally introduced at the Williams trial, it was never made part of the record. But it is, of cours...
2 comments:
Thursday, December 08, 2011

Cellmark's record

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I have no doubt that Cellmark runs very proficient labs. But blog reader Patsy Myers points out that if you do a search for "Cellmark ...
6 comments:
Wednesday, December 07, 2011

The Williams argument

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On Tuesday, I attended argument of Williams v. Illinois in the Supreme Court. Here are some reactions. You can find the transcript by cli...
4 comments:
Monday, December 05, 2011

Thoughts on the brief of the New York DA and OCME in Williams

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I am going to try over the next several days to post (rather belatedly) a series of entries analyzing some of the arguments made by the stat...
2 comments:
Sunday, December 04, 2011

Anticipating the Williams argument

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Williams v. Illinois will be argued on Tuesday. Here is a link to a piece on it by Erwin Chemerinsky, and here is a link to an Op Ed pie...
2 comments:
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