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Academic

The Confrontation Blog

Devoted to reporting and commenting on developments related to Crawford v. Washington, 541 U.S. 36 (2004).
By Richard D. Friedman

Post Frequency: 1.6/day

Last Entry: June 23, 2020 at 18:21:00

California Supreme Court decision in People v. Cage -- commentary by Jeff fisher

Posted on April 09, 2007
The California Supreme Court issued its decision yesterday in the long-awaited case of People v. Cage. (Thanks to Paul Vinegrad for calling my attention to it.) It treats a statement by a young victim to a police officer, in the station-house and the hospital, as testimonial, and his statement to a doctor, which the court regarded as having been asked and given solely for medical purposes, as non-testimonial...

Jessica Smith's "Emerging Issues": Links Available

Posted on March 29, 2007
Jessica Smith, a member of the faculty at the School of Government of the University of North Carolina at Chapel Hill, has given me permission to post on the blog links to her monograph, Crawford v. Wsahington: Confrontation One Year Later (2005), and to a supplement about to be published, Crawford v...

"A Sixth Sense About Criminal Trials"

Posted on March 24, 2007
The ABA Journal E-Report has a nice write-up on Jeff Fisher, especially emphasizing Crawford and related issues, and discussing how the textually-based arguments that Jeff has made in Crawford and other cases have appealed both to Scalia and to the Court's liberals...

Deepening Conflict on Lab Reports

Posted on March 21, 2007
Yesterday, in State v. March, 2007 WL 828156, the Missouri Supreme Court joined other jurisdictions in holding that a lab report prepared for use in prosecution is testimonial. I believe this result is clearly correct, and appropriately the court did not appear to endure much angst in reaching it...

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A Challenge to Maryland v. Craig

Posted on March 21, 2007
Lawyers from Baker Botts in Washington, D.C., have filed a well-crafted petition for certiorari asking the Supreme Court to take another look at Maryland v. Craig, 497 U.S. 836 (1990), which allows child witnesses in certain circumstances to testify against an accused outside his presence by electronic means...

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