Wednesday, July 03, 2019

›
Julien v. State , 2019 WL 2750591 , a decision issued yesterday by the Texas Court of Appeals, First District, shows how vulnerable the law...
9 comments:
Tuesday, May 28, 2019

White v. Louisiana: a cert petition to watch

›
White v. Louisiana , No. 18-8862, may provide the Supreme Court with an opportunity to begin clarifying and repairing the doctrine governing...
5 comments:
Saturday, April 27, 2019

A reminder that an excited utterance can be testimonial

›
People v. Allen , a decision handed down yesterday by a justice of the Supreme Court of New York (the trial court of general jurisdiction) f...
2 comments:
Friday, April 26, 2019

A belated assessment: People v. Sanchez

›
    I realize I never posted anything about the California Supreme Court’s 2016 decision in People v. Sanchez , 63 Cal.4th 665, 374 P.3d 32...

Objecting to hearsay, and forgetting about the Confrontation Clause

›
Before Crawford , it was not surprising that defense counsel sometimes failed to make Confrontation Clause objections; it wasn't clear w...
11 comments:
Friday, February 15, 2019

A new and interesting case on the not-for-truth end run

›
Stu Dedopoulos, a blog reader who diligently keeps me informed, has told me about Orlando v. Nassau County District Attorney’s Office , an i...
2 comments:
Monday, November 19, 2018

First word from Justice Gorsuch on the Confrontation Clause

›
The Supreme Court today denied certiorari in Stuart v. Alabama , No. 17-1676.  I believe there is good news and bad news here.  Stuart wa...
19 comments:
Tuesday, May 01, 2018

Continuing confusion on lab tests

›
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

›
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?

›
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

›
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

›
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

›
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"

›
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

›
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

›
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

›
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

›
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

›
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

›
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: