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16 Jun 2010, 6:51 am
” At Slate, Dahlia Lithwick provides an excerpt of her report for Dan Rather Reports on the practical impact of last Term’s decision in Melendez-Diaz v. [read post]
15 Jun 2010, 12:30 pm
(To be sure, as discussed in an earlier post, under the Confrontation Clause and Melendez-Diaz, the government could have been required to present live witness testimony about the testing rather than rely on mere reports of the results). [read post]
14 Jun 2010, 8:08 am
It may be that both sides from Melendez-Diaz are a little wary given the addition of yet another new Justice. [read post]
14 Jun 2010, 2:39 am
"Assuming that the legal malpractice causes of action accrued more than three years before this action was commenced (see McCoy v Feinman, 99 NY2d 295, 301; Ackerman v Price Waterhouse, 84 NY2d 535, 543; Melendez v Bernstein, 29 AD3d 872, 872; Alicanti v Bianco, 2 AD3d 373, 374), nevertheless, the complaint adequately alleged that the plaintiff was "left with the reasonable impression that [Levinson] was, in fact, actively addressing [his] legal needs" after the… [read post]
13 Jun 2010, 4:18 pm
Indiana, No. 09-866, which deals with the permissibility of surrogate expert testimony under Melendez-Diaz. [read post]
11 Jun 2010, 2:14 pm
Like its federal counterpart, Texas Rule of Evidence 803(4) provides an exception to the rule against hearsay for Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or... [read post]
11 Jun 2010, 5:48 am
(Melendez-Diaz... [read post]
6 Jun 2010, 5:40 pm
Indiana, which involves Melendez-Diaz’s impact on surrogate expert testimony, has been distributed for Thursday’s conference, as has the pro se IFP military cert petition in Taylor v. [read post]
1 Jun 2010, 5:30 pm
[Disclosure: I'm one of the appellate defense counsel in all of the cases mentioned above, except for Melendez-Diaz.] [read post]
31 May 2010, 4:16 pm
Id. at *2-*3.How to Use: Orozco-Acosta follows a circuit trend of hedging-in the Supreme Court’s recent Confrontation Clause cases of Crawford and Melendez-Diaz v. [read post]
27 May 2010, 2:30 pm
Federal Rule of Civil Procedure 26(a)(2) requires the proponent of expert testimony to disclose the witness' identity, along with a written report that contains, among other things, a "complete statement of all opinions the witness will express and the basis... [read post]
26 May 2010, 7:09 pm
Melendez-Diaz v. [read post]
26 May 2010, 12:58 pm
The introduction of the CHR violate defendant's confrontation rights under Crawford and under Melendez-Diaz v. [read post]
26 May 2010, 8:17 am
Indiana, No. 09-866, a case concerning whether surrogate expert testimony complies with Melendez-Diaz. [read post]
25 May 2010, 6:40 am
” Counsel for petitioner are Rob Owen (Owen & Roundtree), as well as Skadden Aarps’ attorneys Douglas G Robinson & Maria Cruz Melendez. [read post]
24 May 2010, 9:10 pm
” Counsel for petitioner are Rob Owen (Owen & Roundtree), as well as Skadden Aarps’ attorneys Douglas G Robinson & Maria Cruz Melendez. [read post]
24 May 2010, 12:23 pm
Opinion below (5th Circuit) Petition for certiorari Brief in opposition Petitioner’s reply Counsel for petitioner are Rob Owen (Owen & Roundtree), as well as Skadden Aarps’ attorneys Douglas G Robinson & Maria Cruz Melendez. [read post]
20 May 2010, 2:39 pm
CAAF today also granted review of this Melendez-Diaz issue: WHETHER, IN LIGHT OF MELENDEZ-DIAZ v. [read post]
11 May 2010, 7:41 pm
Indiana, No. 09-866, a case concerning Melendez-Diaz’s application in a surrogate expert context. [read post]
11 May 2010, 12:00 am
Meléndez-Jímenez (Department of Economic Theory, Universidad de Málaga), amd Antonio J. [read post]