Melendez-Diaz “Fix”
Jeff Welty
Melendez-Diaz v. Massachussetts, as most readers of this blog know, is the United States Supreme Court’s latest pronouncement on the Confrontation Clause. Generally, it holds that forensic laboratory reports — […]
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September 9, 2009
Melendez-Diaz v. Massachussetts, as most readers of this blog know, is the United States Supreme Court’s latest pronouncement on the Confrontation Clause. Generally, it holds that forensic laboratory reports — […]
Read post "Melendez-Diaz “Fix”"September 1, 2009
Last Friday, the North Carolina Supreme Court decided State v. Locklear, holding, in part, that a Crawford violation occurred when the trial court admitted opinion testimony regarding a victim’s cause […]
Read post "State v. Locklear and the Admissibility of Forensic Reports"August 20, 2009
The longest opinion issued by the court of appeals this week was Judge Ervin’s 45-page treatise in State v. Ward, __ N.C. App. __ (2009). Although the opinion contains other […]
Read post "Visual Identification of Drugs (Again)"August 11, 2009
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]
Read post "News Roundup"July 27, 2009
In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another […]
Read post "Retroactivity of Melendez-Diaz (Again)"July 24, 2009
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
Read post "What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz"July 20, 2009
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 […]
Read post "Retroactivity of Melendez-Diaz"July 6, 2009
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 […]
Read post "The Impact of Melendez-Diaz on North Carolina"June 26, 2009
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 […]
Read post "Melendez-Diaz: Crawford Applies to Lab Reports"June 19, 2009
It seems that video cameras are everywhere, these days: at the bank, at every youth soccer game, in jails and prisons, at Wal-Mart. One often-cited (but apparently questionable) statistic suggests […]
Read post "Caught on Camera"