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10 Jan 2009, 3:14 am
A Guide to Avoiding the Dangers in Allowing One Government Agent to Give Both Lay and Expert Testimony.We've already directed you several times to the ConfrontationBlog and recommended following the current "Crawford" case of Melendez-Diaz as we await a decision from the Supremes (oral arugument was heard in November 2008). [read post]
7 Jan 2009, 12:01 am
At this juncture, here is the Federal Evidence Review's Ten Key Evidence Issues for 2009, which are not necessarily ranked in any order, and are discussed further below: Federal Evidence Review's Ten Key 2009 Key Evidence Issues Attorney General Confirmation Hearings Supreme Court: Pending Melendez-Diaz Confrontation Clause Decision New Rule: FRE 502 (Attorney-Client Privilege And Work-Product Doctrine) The Selective Waiver Doctrine Pending Rule Amendment: FRE 804(b)(3)… [read post]
6 Jan 2009, 9:57 am
LINKMISSISSIPPI SUPREME COURT Justice Oliver Diaz Jr. did not go out with a whisper. [read post]
6 Jan 2009, 9:44 am
State, ___ So 2d ___, ___, 2008 WL 5174209, *15-16 (Miss 2008) (Diaz, J., dissenting) (drawing upon judicial and state experience to conclude that despite efforts to limit arbitrary or disproportionate sentences, state system "does not answer Eighth Amendment concerns -- it exacerbates them. [read post]
31 Dec 2008, 12:26 am
Melendez-Diaz v. [read post]
30 Dec 2008, 11:10 pm
Professor Friedman, on his excellent blog about confrontation has an interesting discussion about certificates of authenticity.Thoughts on Melendez-Diaz: Certificates of AuthenticityHis blog is well worth reading for his pithy comments on the right to confrontation, especially in light of Melendez-Diaz which is pending a decision from the U.S. [read post]
24 Dec 2008, 10:27 am
The Court need not reach that issue at all in Melendez-Diaz. [read post]
24 Dec 2008, 8:28 am
Diaz-DiazU.S. [read post]
23 Dec 2008, 2:57 pm
Cruz-Diaz, No. 07-1534, 07-1535 Armed bank-robbery convictions are affirmed, despite one bank teller's doubt as to whether the gun was real, where eyewitness testimony, the bank's surveillance video, and the discovery of a bullet casing in the getaway car were all consistent with the finding that the gun was real. [read post]
22 Dec 2008, 6:30 pm
LINKOutgoing Mississippi Justice Oliver Diaz Jr. [read post]
18 Dec 2008, 12:30 pm
"
" 'The gun industry has once again proven that it is willing to put profits over health, safety, and even national security,' said VPC Senior Policy Analyst Tom Diaz, the study's author. 'The firearms industry is congratulating itself that 'big boomers' are 'good for business,' even while these guns are ending up in the hands of felons and drug dealers in the United States. [read post]
17 Dec 2008, 10:43 pm
One of the issues addressed by some of the cases dealing with lab reports, and in the Melendez-Diaz argument, is the status for Confrontation Clause purposes of the output of the machines that do the testing.As some courts have noted, the output of a machine is not in itself an assertion that can come within the scope of the confrontation right, or of the hearsay rule. [read post]
17 Dec 2008, 4:48 am
Will the new US Supreme Court case USA v Melendez-Diaz June 25, 2009, require a different result? [read post]
15 Dec 2008, 9:45 pm
Barbara Beck Ed Begley, Jr Maria Bello Barbara Bosson Bruce Boxleitner Josh Brolin Pierce Brosnan David Boreanaz Blair Brown Lizzy Caplan Jennifer Carpenter Steve Carrell Mark Cassen Erika Christensen George Clooney Glenn Close Scott Cohen Jack Coleman Stephen Collins Peter Coyote James Cromwell Billy Crystal Matt Damon Ted Danson James Darren Bruce Davison James Denton Brian Dennehy Danny DeVito Cameron Diaz Garret Dillahunt Larry Dorf Minnie Driver Olympia… [read post]
14 Dec 2008, 1:16 pm
Diaz-Delgado, 2008 U.S. [read post]
12 Dec 2008, 4:00 pm
Diaz v. [read post]
12 Dec 2008, 9:39 am
Derrick Diaz Subscription Required
KINGS COUNTYLegal Profession
Court's Former Chief Attorney Disqualified As Counsel to Avoid Appearance of Impropriety
Estate of Edna Coleman Subscription Required
NASSAU COUNTYCriminal Practice
Limited Intrusion of Pat-Down Producing Gravity Knife Justified; Suppression Denied
People v. [read post]
11 Dec 2008, 2:08 pm
In his October 30th opinion, Judge Diaz denied the Defendants' Motion to Dismiss. [read post]
10 Dec 2008, 12:55 am
This hard lesson was brought home again in a newly decided case in the First Department, Diaz v. [read post]
9 Dec 2008, 2:00 pm
But in his decision, special superior court judge Albert Diaz wrote that he was "satisfied that the board's approval of the merger agreement was an informed decision, made in good faith, and with an honest belief that the action was in the best interests of the Wachovia Corporation and its shareholders, given the circumstances facing the board. [read post]
