Search for: "Ex Parte Diaz" Results 1 - 20 of 93
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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]
11 Jan 2010, 9:00 pm
Melendez-Diaz holds that 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]
15 Jul 2009, 2:36 am
The CNR's are ex parte affidavits prepared solely for use at trial, and "[t]he Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits. [read post]
25 Nov 2009, 4:58 am
Citing Crawford, Melendez-Diaz stated "Various formulations of this core class of testimonial statements exist: 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; extrajudicial statements … contained in formalized testimonial… [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]
31 Jan 2017, 2:24 pm
Diaz, his brother and sister-in-law on one hand, and from his ex-wife and her mother on the other. [read post]
14 Jan 2013, 4:00 am by David Oscar Markus
Iglesias, an ex-Marine and Iraq War veteran who was shot in the leg during a 2004 drug bust, is standing trial on charges of planting cocaine on a suspect, stealing drugs and money from dope dealers, and lying to investigators about a box of money left in an abandoned car as part of an FBI sting.Asanza, 33, also an ex-Marine, pleaded guilty last year to a misdemeanor charge of possessing cocaine and marijuana. [read post]
8 Jan 2010, 12:53 pm by Editor
The Court held that certificates of forensic analysis are “testimonial,” and therefore “the Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits. [read post]
21 Sep 2015, 12:06 pm by Michael Kraut
Call a qualified Los Angeles DUI defense lawyer (and ex-prosecutor) with nearly two decades of relevant legal experience. [read post]
18 Dec 2023, 5:19 am by Woodruff Family Law Group
A critical figure in this legal battle was Haydée Yolanda Sanchez-Diaz, the ex-wife of Carrillo. [read post]
5 Mar 2011, 1:20 pm by Stephen Neyman, P.C.
Melendez-Diaz clarified that certificates of drug analysis are testimonial and that the prosecution may not introduce them through ex parte out-of-court affidavits without violating a defendant's Sixth Amendment confrontation rights. [read post]
19 Apr 2007, 11:59 am
We affirm in part, reverse in part, and remand with instructions. [read post]
16 Jul 2015, 4:20 am by SHG
  What part of keep his hands up did he not understand? [read post]
5 Mar 2010, 11:14 pm
Melendez-Diaz, which now prevents the prosecutor from proving its case by way of ex-parte court affidavits and without the proponent being subject to cross-examination. [read post]