Home -> Law Blog Directory -> Federal Judiciary Blogs -> California Appellate Report
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Federal Judiciary
: California Appellate ReportVasquez v. Kirkland (9th Cir. - July 20, 2009)
By Shaun Martin
Sure, a defendant's ability to cross-examine that witness is somewhat limited, since she's using somewhat ambiguous facial expressions, gestures, and lip movements to both understand and respond to questioning. So her answers -- and her ability to understand the questions posed to her -- may often be unclear. But you simply do the best you can; the Confrontation Clause does not preclude the jury's reliance upon her testimony.
That seems right to me.
I also found tangentially interesting an unpublished California Court of Appeal opinion that Judge Fletcher discussed in her opinion. That opinion, rendered in 1996, affirmed a conviction when a key witness -- who was left speechless and a quadrapalegic after being shot -- was permitted to testify by tapping once for "yes" and two times for "no".
Now, I'm not a super geek. At least compared to the thousands of people who are currenly flying into San Diego this week. But upon reading this, my mind instantly returned to a classic episode of Star Trek in which Captain Christopher Pike (the original commander of the Enterprise) testifies in almost precisely such a fashion, beeping (through a machine) once for yes and twice for no. (I'd be even more of a geek if I admitted that I also knew that there was a Futurama episode that mocks this episode, and in which Fry testifies in the same fashion, so I shall decline such an admission.)
Sometimes life imitates art.
Full post as published by California Appellate Report on July 20, 2009 (boomark / email).
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...

Top Lawyer at EPA Rejoins Kirkland & Ellis
PaperStreet to Create New Site for Vasquez Benisek & Lindgren LLP
BREAKING NEWS: Supreme Court to hand down Vasquez attorneys' fees decision tomorrow
IL - Springfield Woman Accused of Having Sex With Minor in Court Today







