Petitioner filed his brief in Smith v. Arizona last week, and today a bunch of amici, most in support of Petitioner, filed theirs. You can get to them all by going to the Supreme Court's docket sheet. Among the briefs are one by the United States, in support of neither party, disputing some of Petitioner's arguments but contending that the case should be remanded, are rather unusual position for the U.S. in a criminal case. Among those in support of the Petitioner are one on behalf of the National Association of Criminal Defense Lawyers, with Jeff Fisher on the brief, and (to the surprise of nobody who has been reading this blog) one by me, on behalf of myself. I hope to offer further comments on the U.S.'s brief over the next few weeks. The State's brief is due December 13, the remaining amicus briefs December 20, and argument will be January 10. Stay tuned.
1 comment:
Is it a given in this case that the statements in Rast's notes and report were "testimonial"? Or does this case provide the Court another opportunity to clarify what is required for a statement to be deemed "testimonial"?
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