Tuesday, February 22, 2022

An encouraging cert denial in an autopsy case

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It's always a mistake to read too much into a denial of certiorari, but I find encouraging the Supreme Court's denial this morning i...
2 comments:
Wednesday, February 09, 2022

The "why I acted the way I did" end-run

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 Prosecutors often try to get in testimonial evidence from absent witnesses by arguing that it is not offered for the truth of what it asser...
4 comments:
Friday, January 21, 2022

Hemphill v. New York: the right call

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  Apologies for being silent so long. The Supreme Court decided Hemphill v. New York this week.   The Court held that the Confrontation C...
2 comments:
Friday, July 02, 2021

Hemphill v. New York, pending Supreme Court case: Top-side briefs

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It's been quite a while since I've posted anything on this blog, for no particular good reason.  I will try to pick up the pace. For...
6 comments:
Tuesday, June 23, 2020

A significant decision on remote testimony

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Yesterday, the Michigan Supreme Court issued its decision in People v. Jemison , a case that I have mentioned in a prior post and in which ...
6 comments:
Thursday, June 04, 2020

The dying, blinking witness

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Chris Miller, an excellent former student of mine, has pointed out Woods v. Cook , a recent Sixth Circuit opinion of interest by Judge Sutt...
5 comments:
Monday, May 04, 2020

Remote testimony and the coronavirus crisis

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The coronavirus crisis has created increased interest in the subject of remote testimony – testimony in which the witness is not in the cou...
10 comments:
Wednesday, September 04, 2019

Laird Kirkpatrick on forensic reports

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I previously posted an entry about Stuart v. Alabama and Justice Gorsuch's dissent from the denial of certiorari in that case.  Laird ...
67 comments:
Wednesday, August 28, 2019

BIO and reply in support of petition in White v. Louisiana

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I previously blogged about White v. Louisiana , in which a cert petition is pending.  You can find the documents here .  They now include t...
25 comments:
Wednesday, August 21, 2019

Important DC Circuit opinion on unavailability

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Yesterday, the U.S. Court of Appeals for the D.C. Circuit issued an opinion, in U.S. v. Burden , that may be important in determining unavai...
12 comments:
Wednesday, July 03, 2019

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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

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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

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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

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    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

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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

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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

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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

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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: