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9 Oct 2009, 3:52 pm by Randall Hodgkinson
The KSC reviewed Crow and its bases and concluded they were no longer viable after Crawford and Melendez-Diaz:This reasoning, grounded on the Roberts test, was undercut by Crawford. [read post]
4 Oct 2009, 8:59 pm
  Suffice to say that Roberts, the case she cites, was overruled by Crawford, the case she had cited just a paragraph earlier. [read post]
15 Sep 2009, 6:00 am
"   Citing a recent Seventh Circuit opinion - and the Court's affirmation of it - in the voter identification case Crawford v. [read post]
23 Aug 2009, 8:39 am
Rather, the Court of Appeals in Rawlins held that the Crawford test for testimonial has three primary factors: we look not only to [1] the interrogator's primary purpose in questioning, but also, [2] in declarant's view, to the purpose the statement was intended to serve, and to [3] the motivation for the statement. [read post]
17 Aug 2009, 10:44 am
(Boston, MA; William Crawford, President) Beautiful Carpet Corp. [read post]
6 Jul 2009, 10:00 am
Brave New Justice and sentencing issues Roberts, the cert pool, and sentencing jurisprudence Assailing the lack of criminal justice questions at the Roberts hearing Can Roberts bring consensus to SCOTUS sentencing jurisprudence? [read post]
26 Jun 2009, 3:41 am
”   Crawford overruled Roberts, so those decisions aren’t of much signficance. [read post]
25 Jun 2009, 5:05 pm by Richard D. Friedman
That, says the Court, is just an invitation to return to the pre-Crawford regime of Roberts. [read post]
25 Jun 2009, 3:54 pm by Matt Cameron
Today’s wantonly authoritarian dissent in Redding is one of the single scariest things I’ve ever read in a Supreme Court opinion issued in my lifetime.Read: Barely agrees with Crawford at all.This was, after all, the essence of the position taken by his mentor William Rehnquist in his Crawford concurrence, and it is otherwise fairly consistent with Roberts’ brand of moderate conservatismIncluding not one, but two appendices full of [mostly… [read post]
25 Jun 2009, 9:17 am
  Chief Justice Roberts and Justices Alito, Kennedy, and Scalia dissented. [read post]
25 Jun 2009, 4:36 am
Roberts particularized guarantees of reliability theory, and the ones that pre-date Roberts are a decidedly mixed bag. [read post]