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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 by Lucas A. Ferrara, Esq.
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19 Dec 2011, 10:34 am by admin
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 by Richard D. Friedman
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]
13 Dec 2011, 7:25 am by Kevin Russell
Today in the Community we continue to disucss Sackett v. [read post]
11 Dec 2011, 5:54 pm by Tom Goldstein
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 by Aaron Tang
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 by Aaron Tang
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, 3:41 am by Russ Bensing
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 by Richard D. Friedman
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 by Aaron Tang
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 by David Oscar Markus
Washington in 2004 and then adhered to their strong view in Melendez-Diaz v. [read post]
6 Dec 2011, 5:16 am by Aaron Tang
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 by Russ Bensing
The court reversed itself after SCOTUS’ decision in Melendez-Diaz v. [read post]
5 Dec 2011, 12:42 pm by Tom Goldstein
Washington in 2004 and then adhered to their strong view in Melendez-Diaz v. [read post]