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25 Jan 2011, 10:42 pm
Four justices in Melendez-Diaz have voiced their dissatisfaction with the "testimonial" approach set forth in Crawford. [read post]
20 Jan 2011, 1:55 pm
(To put it bluntly: When prosecutors want lab witnesses to testify live, they do so, and no controversy arises; when defendants want lab witnesses to testify live but the prosecutor doesn’t, or can’t produce the witness, the prosecutor (in states unlike Michigan that before Melendez-Diaz did not follow proper procedures) complains about how burdensome the production is.) [read post]
19 Jan 2011, 8:54 pm
Even if one could discern a human assertion there, it’s harder to discern an assertion about the particular sample, and I think Melendez-Diaz suggests pretty strongly, for better or worse, that an assertion at this point wouldn’t be considered testimonial.The caveat is that it is theoretically possible that somebody purposely set the machine so that it would report a BAC of .21. [read post]
19 Jan 2011, 7:52 am
Daniel Melendez, director of Pastors in Action. [read post]
17 Jan 2011, 2:43 pm
” But those statements aren’t testimonial.On p. 22 n.5, following Justice Kennedy in Melendez-Diaz, the brief says that it is not always easy to determine who “the analyst” is. [read post]
11 Jan 2011, 11:24 am
(Pastor, Pleasant Hill Baptist Church); Rabbi David Lyon (Senior Rabbi at Congregation Beth Israel); and Pastor Daniel Melendez (Director, Pastors in Action). [read post]
6 Jan 2011, 2:05 pm
As noted previously on this blog here and here, the Supreme Court’s Confrontation Clause jurisprudence, culminating most recently in the Melendez-Diaz opinion in 2009, has both raised the bar substantially for the government in its efforts to introduce out-of-court statements and records and precipitated some confusion in the lower courts as they seek to apply those teachings to different fact patterns. [read post]
4 Jan 2011, 11:53 pm
In short, the Court in Pablo renders Melendez-Diaz meaningless. [read post]
28 Dec 2010, 5:35 pm
Drug convictions overturned against 2 Somerville brothers, Boston Herald, December 28, 2010 Melendez-Diaz v. [read post]
24 Dec 2010, 11:53 am
On 25 June 2009, the Supremes issued a major criminal procedure case: Melendez-Diaz v. [read post]
20 Dec 2010, 10:27 pm
Accordingly, the defendant argued that he was being denied his Sixth Amendment right of confrontation under the United States Supreme Court's Melendez-Diaz v. [read post]
18 Dec 2010, 3:02 pm
On one hand, the United States Supreme Court strengthened this confrontation right in Melendez-Diaz. [read post]
12 Dec 2010, 3:17 am
And yet the report looks perfect.Second, the Supreme Court's Melendez-Diaz decision, requiring the prosecution to produce the lab tech as a witness per Crawford to introduce the testimonial report if the defense demands, appears to be overwhelming critical in the scheme of keeping this critical even close to honest. [read post]
11 Dec 2010, 2:28 pm
In fact, the United States Supreme Court declared a similar right to confront witnesses in Melendez-Diaz v. [read post]
8 Dec 2010, 5:00 am
Washington, 541 U.S. 36 (2004), and Melendez-Diaz v. [read post]
7 Dec 2010, 7:11 am
Anticipating that, as they have done in Melendez-Diaz and Briscoe, many states will contend that adhering to constitutional procedures would be prohibitively expensive, I have, through a group of student research assistants, conducted a more extensive study of Michigan trials. [read post]
6 Dec 2010, 5:37 am
1st District holds that trial judge erred in granting motion to suppress in DUI case on basis that sobriety tests not conducted in accordance with regulations; smell of alcohol, slurred speech,etc. enough to provide probable cause for arrest… 2nd District holds that, pursuant to Confrontation Clause as interpreted in Melendez-Diaz (discussed here last Wednesday), results of blood test required in-court testimony by person who drew blood and person who tested… [read post]
2 Dec 2010, 4:30 am
Crawford and especially Melendez-Diaz offer a way of keeping some very damaging evidence out of a trial. [read post]
30 Nov 2010, 8:28 pm
Video of Juan Melendez talking about getting locked up for 17 years for another man’s crime. [read post]
29 Nov 2010, 3:48 am
While the Ohio Supreme Court did hold that autopsy reports were not testimonial because they were “business records,” the vitality of that ruling is open to question since the US Supreme Court’s subsequent decision in Melendez-Diaz v. [read post]
