Retroactivity of Melendez-Diaz (Again)
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 […]
July 24, 2009
What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz
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 […]
July 20, 2009
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 […]
July 6, 2009
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 […]
June 26, 2009
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 […]
June 19, 2009
Caught on Camera
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 […]
June 5, 2009
Post-Conviction DNA Testing Heats Up
Editor’s note: A previous post concerning a United States Supreme Court case about post-conviction DNA testing appears here. Recently, I’ve been getting a lot of calls about requests for post-conviction […]
June 4, 2009
Selective Assertion of the Fifth Amendment Privilege
Suppose that an eyewitness testifies for the state on direct examination that he saw the defendant snatch an old woman’s purse and run off. The defense cross-examines the witness about […]
May 28, 2009
I See Cocaine
Can a lay witness testify that she could tell just by looking at a substance that it was, in fact, a controlled substance? (Let’s assume the witness has extensive dealings […]
May 7, 2009
Breathalyzer Source Code
Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy. The issue is whether a DWI defendant who has submitted […]
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