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18 Jan 2009, 12:57 pm
The Fourth Circuit ruling is apparently the first appellate decision in the country on this issue, but that ruling is directly at odds with a decision by Judge Diaz in the Business Court, Wake County v. [read post]
10 Jan 2009, 3:14 am
Magyari, 63 M.J. 123 (C.A.A.F. 2006), continues the presumption of guilt and burden shifting in "naked" urinalysis cases.United States v. [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]
6 Jan 2009, 9:57 am
"In 2008 alone," Diaz wrote, "two men - both black - convicted of murders in Mississippi in the mid-1990s have been exonerated fully by a non-profit group that investigates such injustices.Earlier coverage of Judge Diaz' plea is here, and his dissent begins on page 25 of the Anthony Doss v. [read post]
6 Jan 2009, 9:44 am
In her concurring opinion in State of Oregon v. [read post]
31 Dec 2008, 12:26 am
Melendez-Diaz v. [read post]
24 Dec 2008, 8:28 am
Diaz-DiazU.S. [read post]
23 Dec 2008, 2:57 pm
Cruz-Diaz, No. 07-1534, 07-1535 Armed bank-robbery convictions are affirmed, despite one bank teller's doubt as to whether the gun was real, where eyewitness testimony, the bank's surveillance video, and the discovery of a bullet casing in the getaway car were all consistent with the finding that the gun was real. [read post]
22 Dec 2008, 6:30 pm
State of Mississippi ruling. [read post]
17 Dec 2008, 10:43 pm
The certificate cannot be admitted consistently with the Confrontation Clause unless a witness with personal knowledge – presumably but not necessarily the author of the certificate – testifies to both propositions.A recent opinion usefully summarizing the decisions on this matter, and coming to the proper result, is United States v. [read post]
17 Dec 2008, 4:48 am
"In United States v. [read post]
14 Dec 2008, 1:16 pm
State v. [read post]
10 Dec 2008, 12:55 am
This hard lesson was brought home again in a newly decided case in the First Department, Diaz v. [read post]
9 Dec 2008, 2:00 pm
APPELLATE / IP In Coffee Battle (Folgers v. [read post]
8 Dec 2008, 12:00 pm
Diaz v. [read post]
1 Dec 2008, 12:13 pm
Moore, 789 So. 2d 262(Fla. 2001), and Diaz v. [read post]
1 Dec 2008, 11:45 am
State v. [read post]
29 Nov 2008, 2:40 pm
Judge Diaz received over 200 pieces of correspondence about the case. [read post]
23 Nov 2008, 3:06 am
See Provenzano v. [read post]
22 Nov 2008, 2:59 pm
In December of 2006, Angel Diaz was executed by the State ofFlorida. [read post]
