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21 Jun 2012, 3:49 am
This is by far the more important part of the opinion, because it lays the groundwork for how the Court might deal with Crawford in the future. [read post]
6 May 2012, 5:26 am
Seeing an opportunity, Bormann asks if, in the court’s experience, defense counsel ever has refused to take part in an 802 session without a recording of some kind being made. [read post]
29 Mar 2012, 4:51 pm
Rather, only those solemn formal ex parte affidavits which accuse a particular individual of specific acts of wrongdoing or which were created by government officers solely for use as evidence against a specific defendant appear to fall within the parameter of "testimonial" hearsay for Confrontation Clause purposes. [read post]
19 Mar 2012, 4:00 am
” O’Donnell cites the judicial conduct rules on ex parte communications, and pointedly mentions that “We have disciplined judges for participating in unauthorized ex parte communications in several instances. [read post]
17 Mar 2012, 8:54 am
Plaintiffs’ lawyers now excuse their meetings on the ground that there are no rules on ex parte communications in Ecuador. [read post]
7 Mar 2012, 5:54 am
Not So Easy - bit.ly/z5GZUe (Tam Harbert) Hacker Points to Weakness in LexisNexis Concordance - bit.ly/zjdXby (Evan Koblentz) Landmark E-Discovery Decision Recognizes the Appropriateness of Predictive Coding Review - bit.ly/yiwBVk (Squire Sanders) Electronic Medical Records: Legal Risks of Going Paperless - bit.ly/yLrr5x (Alicia Gallegos) Employment Discrimination Protocols for Discovery: They’re Coming - bit.ly/ycL6GF (Daniel Schwartz) Ethics… [read post]
5 Jan 2012, 3:36 am
While Crawford involved the prototypical ex parte statement — a written statement to police as a result of an interrogation at the station — later decisions, like Davis v. [read post]
12 Dec 2011, 11:14 am
., 418 U.S. 323, 340 (1974); Illinois ex rel. [read post]
12 Dec 2011, 11:14 am
., 418 U.S. 323, 340 (1974); Illinois ex rel. [read post]
8 Nov 2011, 9:13 am
Then, Convening Authority Susan Crawford referred those charges for trial. [read post]
31 Oct 2011, 10:23 am
Crawford’s patent was messy. [read post]
3 Oct 2011, 5:30 am
" Which I'm sure it was, except for the part that was hilarious. [read post]
28 Sep 2011, 3:43 pm
The CCA held that using videotaped testimony and written interrogatories from a child sex abuse victim did not satisfy Confrontation Clause requirements under the Supreme Court's recent Crawford decision, declaring, "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… [read post]
21 Sep 2011, 5:04 am
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]
8 Sep 2011, 4:41 am
Barker case, Manual Crawford and Linda Crawford were married. [read post]
3 Jul 2011, 3:50 pm
Crawford v. [read post]
6 Apr 2011, 10:34 am
The Ex Parte Chin case involved a safety syringe having a retractable needle. [read post]
9 Mar 2011, 5:17 am
The Court gave a loose definition of what constituted a testimonial statement — an ex parte statement to a government official — but didn’t delve deeper into the question because it didn’t need to. [read post]
2 Mar 2011, 6:43 am
Despite the aura of reliability that science lends them, forensic laboratory reports are as prone to error and fraud as the ex parte affidavits the Confrontation Clause was designed to prohibit. [read post]
13 Oct 2010, 3:50 am
But as Scalia’s opinion in Crawford indicates, the use of ex parte statements was heavily criticized at the time on grounds of reliability. [read post]
