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Retroactivity of Melendez-Diaz

Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S. Ct. 2527 (2009), decided by the United States Supreme Court last month, already has had significant implications for criminal prosecutions in North Carolina. The original wave of questions posed to me about the case pertained to its application in pending prosecutions. I wrote about Melendez-Diaz generally and … Read more

The Impact of Melendez-Diaz on North Carolina

I was on vacation last week, and the buzz around Melendez-Diaz — see this prior post for the basics — was partly drowned out by the sound of the waves crashing on the beach. But only partly, because Melendez-Diaz is a big case, with significant implications for North Carolina, and questions about it were still … Read more

Melendez-Diaz: Crawford Applies to Lab Reports

In yesterday’s frivolous post, I said that legal news was slow. Not anymore! The United States Supreme Court decided Melendez-Diaz v. Massachusetts yesterday. It’s a big Confrontation Clause case, and I expect that Jessica Smith, the Crawford expert on our faculty, will eventually weigh in with an expert analysis. But since Jessie’s still busy administering … Read more