Articles in the Procedure category - Page 74 of 77

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 — […]

Last week the court of appeals decided State v. Wagoner, its latest case involving satellite-based monitoring (SBM) of sex offenders. Mr. Wagoner, who had previously been convicted of multiple reportable […]

I’m working on revising Arrest Warrant and Indictment Forms, a manual that provides charging language for several hundred common offenses. In the course of working on language for possession of […]

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 […]

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 […]

I’m a little like a broadcaster for a small-market sports team, in that I’m a relentless “homer,” always impressed with the efforts of the School of Government faculty. With that […]

Crime victims who aren’t citizens may be reluctant to come forward, particularly if they are in the United States illegally. Congress attempted to address this problem in 2000, by creating a special […]

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 […]

I recently presented a case law update at the DAs’ conference, and there was a reasonable amount of interest in a case decided earlier this year by the Court of […]

I previously posted about the Supreme Court’s decision in Caperton v. A.T. Massey Coal Company, the basic holding of which is that a judge must recuse him- or herself from […]