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9 Mar 2009, 11:08 am by Richard D. Friedman
The Supreme Court has completed this sitting without issuing its decision in the Melendez-Diaz case, in which it will decide whether a forensic lab report asserting that a substance contains cocaine is testimonial for purposes of the Confrontation Clause. [read post]
21 Feb 2009, 11:33 pm
It took 17 years, eight months and a day before his attorneys uncovered evidence that would have cast doubt on Melendez's guilt. [read post]
18 Feb 2009, 1:09 pm by Richard D. Friedman
In deciding the Melendez-Diaz case, the Supreme Court should not give any weight to whether lab reports are reliable; the essence of Crawford is to make this factor irrelevant. [read post]
10 Feb 2009, 12:17 pm
Death row exonerees and family members of murder victims also spoke at the rally.Juan Melendez, a native New Mexican, said he spent nearly 20 years on death row and wants to ensure that no one else has to go through that torment. [read post]
27 Jan 2009, 10:38 am by Richard D. Friedman
But Melendez-Diaz, which was argued November 10, was not among them. [read post]
23 Jan 2009, 1:18 pm
On Monday, November 10, the Supreme Court heard oral argument in Melendez-Diaz v. [read post]
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]
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]
17 Dec 2008, 10:43 pm by Richard D. Friedman
So the fact that the printout generated by the machine bears the name of Melendez does not obviate the need for B to testify. [read post]
20 Nov 2008, 5:00 am
 Here are some useful links in the Melendez case: SCOTUS Blog's links in the case; transcript of the Supreme Court oral argument; SCOTUS Blog's coverage of the Melendez oral arguments; including Justice Scalia's questions favoring  Melendez's argument that certificates of drug analyses constitute testimonial evidence; Melendez's brief; and Massachusetts' brief. [read post]
18 Nov 2008, 4:28 am
Thoughts on Melendez-Diaz: chain of custody, products of a machine, who must testify, etc.The Confrontation Blog has some interesting discussion about chain of custody documents and Crawford. [read post]
13 Nov 2008, 3:24 pm by Richard D. Friedman
While Melendez-Diaz is pending, I am going to write about various significant issues beaing on it. [read post]
12 Nov 2008, 11:44 am
So what’s going to be the result in Melendez-Diaz? [read post]
12 Nov 2008, 10:15 am
It took me awhile to track down the transcript of oral arguments from Melendez-Diaz v. [read post]