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25 Dec 2011, 9:00 pm
Negative judicial reactions to the First Amendment may be imperfectly akin to negative judicial reactions to Melendez-Diaz v. [read post]
23 Dec 2011, 10:30 am
. #4G, Bronx Matthew Melendez Morrisania Air Rights Houses, 3204 Park Ave., Apt. #2G, Bronx Shawn Rambert Lincoln Houses, 2130 Madison Ave., Apt. #2J, Manhattan Heriberto Rivera Jefferson Houses, 2225 First Ave., Apt. #1D, Manhattan Sal Sanchez Mariner's Harbor Houses, 177 Continental Place, Apt. #2A, Staten Island Everton Sterling Edenwald Houses, 1141 East 229th St., Apt. #6B, Bronx Ernest Tucker Farragut Houses, 202 York St., Apt. #10C, Brooklyn Guy… [read post]
22 Dec 2011, 10:59 am
Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004); Melendez–Diaz v. [read post]
19 Dec 2011, 10:34 am
SARASOTA, FLORIDA – On Friday, December 9, 2011 Daniel Lawless was injured when a tractor-trailer driven by Jose Melendez-Rivera pulled out from the emergency lane into the pathway of Mr. [read post]
17 Dec 2011, 3:04 pm
It is no different here.Indeed, it is somewhat remarkable that the Summers majority got to the result they did with respect to the report in the face of Melendez-Diaz and Bullcoming. [read post]
14 Dec 2011, 5:54 am
In Melendez-Diaz v. [read post]
13 Dec 2011, 7:25 am
Today in the Community we continue to disucss Sackett v. [read post]
11 Dec 2011, 5:54 pm
The state has no apparent path to victory because Justice Kennedy’s questioning indicated his firm conviction that the outcome of the case is dictated by Bullcoming and Melendez-Diaz v. [read post]
9 Dec 2011, 6:07 am
The most arresting part of the argument in Williams, in my view, was clearly comments by Justice Kennedy suggesting that he was willing to abide by Melendez-Diaz and Bullcoming. [read post]
8 Dec 2011, 5:57 am
The four dissenters in Melendez-Diaz & Bullcoming certainly reject any such testimonial formulation, at least with respect to declarant’s who did not witness any aspect of the defendant’s alleged criminal behavior, i.e., in Justice Kennedy’s words non-”conventional” witnesses. [read post]
8 Dec 2011, 4:22 am
Illinois) dealing with forensic testing (ala Melendez-Diaz and Bullcoming). [read post]
8 Dec 2011, 3:41 am
And Alito raised the spectre that’s been in the back of everybody’s minds since Melendez-Diaz came down. [read post]
7 Dec 2011, 8:52 pm
It is hard to draw too much from comments at argument, of course, but it may be that he is ready to accept Melendez-Diaz as law and make the best of it; he seemed to have turned from emphasizing what he has claimed would be dire consequences of Melendez-Diaz to trying to work out a reasonable and practical way of applying it. [read post]
7 Dec 2011, 11:01 am
If the Court, in Melendez-Diaz, had balked at excluding forensic reports absent the opportunity to cross-examine their authors, at least the evidence would have been relatively transparent to the jury. [read post]
6 Dec 2011, 2:19 pm
Washington in 2004 and then adhered to their strong view in Melendez-Diaz v. [read post]
6 Dec 2011, 1:07 pm
In subsequent cases -- Melendez-Diaz v. [read post]
6 Dec 2011, 10:56 am
Supreme Court's decisions Melendez-Diaz v. [read post]
6 Dec 2011, 5:16 am
However, a genuinely productive discussion would also integrate more global concerns, such as: (1) assessing the Court’s recent emphasis on a textualist, originalist, and historical approach to confrontation; (2) evaluating the practice concerns raised by the Melendez-Diaz and Bullcoming dissenters; and (3) contrasting the Court’s narrow focus on the purpose and circumstances of the making of the statement before trial (which students should recognize from the hearsay… [read post]
6 Dec 2011, 3:52 am
The court reversed itself after SCOTUS’ decision in Melendez-Diaz v. [read post]
5 Dec 2011, 12:42 pm
Washington in 2004 and then adhered to their strong view in Melendez-Diaz v. [read post]