ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> U.S. Supreme Court Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: U.S. Supreme Court Blog

Whorton: No Retroactivity for Crawford

By Tim Cone

ADVERTISEMENTS
In Whorton v. Bockting, No. 05-595 (Feb. 28, 2007), the Supreme Court held that it gave no retroactive effect to its Confrontation Clause holding in Crawford v. Washington that testimonial statements of witnesses absent from a trial are admissible only where the declarant is unavailable and only where the defendant has had a prior opportunity to cross-examine the witness.
The Court first noted that Crawford was not an "old" rule, but a "new" rule, as evidenced by the fact that Crawford explicitly overruled Ohio v. Roberts. Thus, as a new rule, Crawford would only apply retroactively if it was a watershed rule that implicated the fundamental fairness and accuracy of judicial proceedings. The Court held that Crawford did not so quality.
First, the hearsay that is now admissibile under Crawford did not, when introduced at trial, create an impermissibly large risk of inaccurate convictions. It is not comparable to Gideon, the rule that entitled a defendant to representation by counsel. The Court noted that it was "unclear" whether Crawford increased or decreased the reliability of trial verdicts, because it eliminated Confrontation Clause protection against out-of-court nontestimonial statements.
Second, Crawford did not alter the bedrock procedural elements essential to the fairness of a criminal proceeding. Crawford, while important, did not institute a "sweeping" change.

Full post as published by U.S. Supreme Court Blog on March 05, 2007 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Blog Posts
Search Blog Directory:

Search Blog Directory:

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.8278 secs (new cache)