Tuesday, May 01, 2018

Continuing confusion on lab tests

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Stu Dedopoulos, who does a wonderful job of keeping me informed, has brought to my attention the decision of the supreme court of his home s...
9 comments:
Friday, March 09, 2018

Autopsy reports -- still waiting for clarification

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Last May, I posted a discussion concerning the treatment of autopsy reports under the Confrontation Clause.  The principal issue is when, or...
7 comments:
Friday, September 15, 2017

Another look at the Craig-Crawford disjuncture?

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Crawford did not purport to disturb Maryland v. Craig , 497 U.S. 836 (1990) , which allowed a prosecutor in some circumstances to present t...
5 comments:

Scotusblog piece on the effects of Melendez-Diaz

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Scotusblog recently ran a piece by Andrew Hamm titled Looking back at predictions in Melendez-Diaz v. Massachusetts .  Here is a link.  I...
8 comments:
Tuesday, May 30, 2017

An issue to be resolved: The treatment of autopsy reports

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This blog has remained dormant for some time, it part because I have been distracted by other work and in part because there haven't bee...
13 comments:
Wednesday, December 23, 2015

Third petition on surrogate experts

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Tim Provis, counsel for the petitioner in Roalson v. Wisconsin , No. 15-6037, which presents an issue similar to Griep and Katso , has kind...
48 comments:
Thursday, November 26, 2015

New cert petitions on the "expert witness end-run"

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At least two cert petitions are currently before the Supreme Court on the question of whether, or when, a prosecution may present the substa...
18 comments:
Monday, June 22, 2015

Audio of public radio show on Ohio v. Clark

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Joan Meier, who commented last week on this blog, and I appeared on Friday on a Los Angeles public radio show, discussing Ohio v. Clark . If...
15 comments:
Friday, June 19, 2015

Ohio v. Clark: Some Initial Thoughts

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A few thoughts on the decision in Ohio v. Clark : 1.  The result is totally unsurprising, and I was not even surprised by the unanimity a...
66 comments:
Thursday, June 18, 2015

Clerk reversed

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The Supreme Court decided Ohio v. Clark today.  You can see the opinions here .  The result is a 9-0 reversal in favor of the State.  No pa...
21 comments:
Tuesday, May 19, 2015

Civil Confrontation

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The Confrontation Clause, of course, only applies in favor of a criminal defendant.  But it has long appeared to me that it reflects a broad...
194 comments:
Saturday, March 28, 2015

Remote testimony

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Here's a belated report on a recent development in a long-standing issue.  Last month, the Supreme Court denied certiorari  in New Mexic...
9 comments:
Friday, March 13, 2015

An Op Ed: How courts should hear from children

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Today's Washington Post is publishing an Op Ed piece by Steve Ceci and me, How courts should hear from children .  It summarizes the vie...
10 comments:
Wednesday, March 11, 2015

Justice Breyer's "30 exceptions" concern

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A notable moment in the argument of Ohio v. Clark came when Justice Breyer acknowledged “misgivings” about confrontation doctrine and ident...
7 comments:
Wednesday, March 04, 2015

Solemnity

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When the Supreme Court first mentioned solemnity as a criterion for determining whether a statement is testimonial, I thought that it was ...
10 comments:
Tuesday, March 03, 2015

Thinking past Clark: Make that Due Process demand now! (And what to demand.)

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Let’s assume that the Supreme Court holds in Ohio v. Clark that there was no Confrontation Clause violation when the trial court admitted ...
15 comments:
Monday, March 02, 2015

The Clark argument

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Update, March 3:  Here is a link to the transcript. I attended the argument in Ohio v. Clark today.  I thought the case was well argued o...
11 comments:
Sunday, March 01, 2015

Comparing the Quasi-Witness and Craig Approaches

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I have previously posted the amicus brief that Steve Ceci and I have submitted in Clark and an essay about to be published in the Universi...
7 comments: