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11 Feb 2011, 10:08 am
Melendez-Diaz v. [read post]
11 Feb 2011, 6:49 am
This example of inconsistency doesn't really persuade me:The home page for the U.S. [read post]
11 Feb 2011, 4:32 am
Although I now can't remember the name, when I was a young lawyer I remember seeing a crowd outside a misdemeanor courtroom. [read post]
11 Feb 2011, 4:11 am
His last name is Melendez-Diaz, as in Melendez-Diaz v. [read post]
9 Feb 2011, 12:18 am
Diaz. [read post]
8 Feb 2011, 7:59 am
Federal Rule of Evidence 1002, the Best Evidence Rule, provides that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of... [read post]
2 Feb 2011, 6:35 am
Diaz, 2010 U.S. [read post]
31 Jan 2011, 3:52 am
Crager, but reversed itself after Melendez-Diaz (discussion here). [read post]
26 Jan 2011, 1:11 am
" In fact, the ruling goes further, saying essentially that the Diaz case didn't involve an exception -- such as a need to search the phone to stop a "crime in progress. [read post]
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]
25 Jan 2011, 3:18 pm
Diaz certainly had an expectation of privacy in the contents of his cell phone, didn’t he? [read post]
24 Jan 2011, 11:21 am
He can't, so they do. [read post]
24 Jan 2011, 9:27 am
``I don't think anybody's going back to hangings. [read post]
21 Jan 2011, 1:00 pm
Werler MM, Mitchell AA, Hernandez-Diaz S, Honein MA. [read post]
20 Jan 2011, 1:55 pm
But this doesn’t happen. [read post]
19 Jan 2011, 8:54 pm
I don’t know. [read post]
19 Jan 2011, 11:50 am
Supreme Court precedent, which permits searches “incident to a lawful arrest” but hasn’t yet dealt with cell phones, and rejected Diaz’s interesting argument that the nature of the phone – the fact that it can contain so much personal information – should lead to a different result. [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]
17 Jan 2011, 10:45 am
Don’t take that to mean that I don’t think you should fight for your rights, but just know that it’s not always a happy ending as it was in Diaz’s case. [read post]
4 Jan 2011, 10:06 am
The police eventually went through Diaz's text message folder and found one that read "6 4 80. [read post]
