Search for: "Ex Parte Crawford" Results 21 - 40 of 121
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14 Jun 2018, 5:34 am by Jessica Smith
The victim told the 911 Operator that her ex-boyfriend was “jumpin’ on me again” using his fists. 547 U.S. at 817. [read post]
25 Jun 2009, 9:15 am
The Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error. [read post]
1 Jul 2009, 3:38 pm
In Melendez-Diaz, the Court discussed that the Crawford opinion described the class of testimonial statements covered by the Confrontation Clause as follows: "Various formulations of this core class of testimonial statements exist: ex parte in-court testimony or its functional equivalentâ€â [read post]
22 Aug 2017, 1:10 pm
Tracing the historical origins of the confrontation right, the court explained that the principal evil at which the Confrontation Clause was directed was the civil-law mode of criminal procedure, and particularly its use of ex parte examinations as evidence against the accused. [read post]
25 May 2008, 10:16 pm
They are, however, "a far cry from the threat of ex parte testimony that Crawford saw as underlying, and in part defining, the Confrontation Clause. [read post]
6 Jan 2014, 1:28 pm by Stephen Bilkis
The United States Supreme Court in Crawford explicitly declined to spell out a comprehensive definition of testimonial, but it stated that some statements qualify under any definition[, including] ex parte testimony at a preliminary hearing and statements taken by police officers in the course of interrogations. [read post]
6 May 2009, 5:04 am
Click here for a more detailed summary.PD-0294-08, Ex parte Frank Eugene Watson: The CCA held that the inclusion of the phrase "failure to yield right of way" as a manner of committing intoxication assault did not make the traffic offense of failure to yield the right of way a lesser-included offense of intoxication assault. [read post]
29 Jan 2014, 1:53 pm by Stephen Bilkis
Crawford's brief suggested that the standard should not only encompass ex parte in-court testimony or its functional equivalent but also cover similar pretrial statements that declarants would reasonably expect to be used in prosecution. [read post]
28 Jul 2007, 8:50 am
Yesterday, Whistleblowers in  United States ex. rel.Fowler v. [read post]
25 Nov 2009, 4:58 am
The Supreme Court in Melendez-Diaz ruled that affidavits prepared by a forensic chemist were testimonial under Crawford. [read post]
19 Jan 2023, 10:52 am by Eugene Volokh
No, said the Alabama intermediate appellate court last year (though apparently without a published majority opinion), and last Friday the Alabama Supreme Court declined to hear the case, also without a published opinion, in Ex Parte Rodriguez. [read post]
21 Sep 2011, 5:04 am by Brandon W. Barnett
  The CCA, on the other hand, explained: We are unable to find any post-Crawford precedent from any jurisdiction that states, or even suggests, that a list of written interrogatories, posed by a forensic examiner to a child in an ex parte interview, is a constitutional substitute for live cross-examination and confrontation...There was no "rigorous adversarial testing" of [the child victim's] testimonial statements by that greatest legal engine for… [read post]
4 Oct 2021, 3:30 pm by Shaakirrah Sanders
” According to the court, the framers intended the confrontation clause to prohibit ex-parte examinations as evidence against the accused. [read post]
12 Oct 2022, 8:56 am by Daniel Shaviro
Yesterday at the colloquium, Bridget Crawford presented Pink Tax and Other Tropes. [read post]
21 Nov 2014, 2:51 pm by Kent Scheidegger
  The purpose of the Confrontation Clause is to prevent abuses of the kind that happened in the trial of Sir Walter Raleigh (the founder of Anglo-America) and other old English cases where testimony is introduced in the form of affidavits or examinations of a witness conducted ex parte, i.e., when the defendant is not present and can't cross-examine. [read post]