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28 Nov 2006, 8:24 am by The Owens Law Firm, P.L.L.C.
” Although Crawford stopped short of defining testimonial, it “recognized that statements made in the following contexts are indisputably testimonial: ex-parte testimony at a preliminary hearing, testimony before a grand jury, testimony at a former trial, and statements derived from police interrogations. [read post]
14 Nov 2006, 1:41 pm
" Relying on the Civil War era case of Ex parte Milligan, the lawyers argued that "the Constitution prohibits the military imprisonment of civilians arrested in the United States and outside an active battlefield. [read post]
25 Oct 2006, 8:36 am
Beyond this general definition, Justice Scalia noted three possible "formulations of this core class of "testimonial" statements: 1) "ex parte in-court testimony or its functional equivalent -- that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially"; 2) statements contained in… [read post]
23 Oct 2006, 9:00 pm
The same judge said that just as lawyers discuss judges, judges also talk amongst themselves about lawyers who appear before them; this sounds like ex parte judge-judge communications. [read post]
26 Jul 2006, 12:25 pm
I was asked for a link to the Motion in Limine, but it has dropped off, so here you go: PLAINTIFF'S FIRST MOTION IN LIMINE Plaintiff files this Motion in Limine and moves this Court for an order prohibiting counsel for the defense from making any comment, directly or indirectly, in any manner whatsoever, concerning any of the matters set forth herein.1. [read post]
21 Jul 2006, 8:30 am
(Update, Friday, July 28, 2006: Welcome Instapundit readers - the first link from Instapundit that was bad (my fault) is here, on proportionality and jus ad bellum. [read post]