Articles Posted in confrontation

Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year. Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions Confrontation Clause: More Notice and Demand Rules? Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the Scope Of Dying Declarations Circuit…

The respondent in Michigan v. Bryant has filed his brief and is found here courtesy of Professor Friedman (who indicates a likely amicus filing on his part). Here is the QP: Whether preliminary inquiries of a wounded citizen concerning the perpetrator and circumstances of the shooting are nontestimonial because they were “made under circumstances objectively…

CAAFLog advises that Pendergrass v. Indiana, No. 09-866, is scheduled for the 10 June case conference at the Supremes. Here courtesy of Prof. Freidman counsel for Pendergrass and also of Melendez-Diaz and Briscoe “fame,” is the Pendergrass cert petition. Here also is the state of Indiana’s brief in opposition to certiorari at this link. The…

We’ve spent a lot of time over the last months addressing Crawford issues in the context of forensic reports. Let’s not forget that there are some exceptions to Crawford and confrontation. Professor Colin Miller writes about the co-conspirator “exception” to Crawford. In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the…

Here is a link to the full cert petition in Pendergrass v. Indiana. The question presented is: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the…

Well, that may be anti-climatic? I think the Supremes punted. Here’s a link to the Briscoe memorandum opinion, more later. PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U. S. ___ (2009).