Search for: "Matter of Melendez" Results 101 - 120 of 165
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6 Dec 2011, 3:52 am by Russ Bensing
The court reversed itself after SCOTUS’ decision in Melendez-Diaz v. [read post]
8 May 2012, 9:55 pm by David Ettinger
  Continuing a trend, most of the cases (19 of the 25) are criminal matters, including 5 automatic death penalty appeals. [read post]
8 Dec 2011, 5:57 am by Aaron Tang
The critical issue in Williams is not whether any statement from a Cellmark employee was introduced to prove the truth of the matter asserted. [read post]
5 Dec 2011, 12:27 pm by Richard D. Friedman
Melendez-Diaz makes clear that as an initial matter it is up to the prosecution to decide what witness's statements it wishes to present to establish the chain of custody. [read post]
25 Jun 2009, 4:36 am
Today, SCOTUS handed down the much-anticipated opinion in Melendez-Diaz v. [read post]
11 Dec 2011, 5:54 pm by Tom Goldstein
The state has no apparent path to victory because Justice Kennedy’s questioning indicated his firm conviction that the outcome of the case is dictated by Bullcoming and Melendez-Diaz v. [read post]
27 May 2024, 9:12 pm
  If the Court were to adopt the view that this is not enough to render a lab report testimonial, then it would be a simple matter for labs always to avoid the rule of Melendez-Diaz v. [read post]
20 Jan 2011, 1:55 pm by Richard D. Friedman
For all the fears expressed by the Melendez-Diaz dissenters, the reality is that even for a complex test like DNA matters have settled down so that the number of witnesses who have to testify is quite reasonable.It also bears emphasis that the reason why as many live witnesses testify as do is attributable at least in large part to the demands of the prosecution rather than the defense. [read post]
24 Jun 2011, 4:58 am by SHG
It once more assumes for itself a central role in mandating detailed evidentiary rules, thereby extending and confirming Melendez-Diaz’s "vast potential to disrupt criminal procedures. [read post]
24 Feb 2015, 1:49 pm
Washington got it right for the most part; Melendez-Diaz v. [read post]
21 Feb 2015, 10:17 pm
Washington got it right for the most part; Melendez-Diaz v. [read post]
7 Dec 2011, 11:01 am by Aaron Tang
The defendant would not be able to confront or, as a practical matter c [read post]
28 Jun 2011, 10:33 am by Aaron Pelley
In a partial concurrence, Justice Sotomayor wrote separately to detail the reasons she believed the report at issue to be testimonial, specifically because its primary purposes was evidentiary, and second to emphasize the differences between the instant matter and Melendez-Diaz, primarily that the State did not attempt to justify the entry of the report under alternate means. [read post]
25 Jan 2011, 10:42 pm by Richard D. Friedman
Four justices in Melendez-Diaz have voiced their dissatisfaction with the "testimonial" approach set forth in Crawford. [read post]
12 Jul 2011, 11:38 am by McNabb Associates, P.C.
With the exception of Melendez, the defendants in this matter have been arrested. [read post]
5 Apr 2011, 1:00 am by Andrew Lavoott Bluestone
In [*2]response, the plaintiff failed to present evidence establishing either that she commenced the action within the applicable three-year limitations period, or that the continuous representation toll applied in this case, since all of the documentary evidence in the record supports the conclusion that the legal representation had ended more than three years before this action was commenced, and there was no mutual understanding of a need for ongoing legal representation in the underlying… [read post]