Special Rules for the Admission of Hospital Medical Records
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in […]
June 10, 2013
Beyond Legislative Solutions to Melendez-Diaz
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
April 10, 2013
N.C. Court of Appeals OKs Remote Two-Way Testimony for Ill Witnesses
I recently published a lengthy paper here examining the constitutionality of remote testimony in criminal trials under Crawford and the confrontation clause. In that paper I noted that the North […]
April 3, 2013
Fourth Circuit Declines to Take a Restrictive View of Forfeiture by Wrongdoing
I’ve previously discussed the forfeiture by wrongdoing exception to the confrontation clause in this blog (here) and in numerous other publications (for example, here). In a nutshell, the forfeiture by […]
December 3, 2012
California Tackles Substitute Analysts Post-Williams
In a paper here I analyze Williams v. Illinois, the U.S. Supreme Court’s latest confrontation decision on substitute analyst testimony. Because Williams was a fractured opinion in which no rationale […]
August 7, 2012
Crawford’s Implications on the Bruton Rule
In yesterday’s post I set out the basics of the Bruton rule. Put simply, Bruton v. United States, 391 U.S. 123 (1968), held that a defendant’s confrontation clause rights are […]
August 6, 2012
The Bruton Rule: A Primer
Although recent confrontation clause litigation has focused on the new Crawford rule, the Bruton rule continues to create issues in joint trials of codefendants. In this post I’ll give you […]
July 25, 2012
Notice and Demand — One More Time
I recently wrote here about North Carolina’s notice and demand statutes and how they allow the State to obtain a constitutionally valid waiver of confrontation clause rights with respect to […]
May 29, 2012
N.C. Court of Appeals Weighs in on “Testimonial” Evidence after Bryant
Although the U.S. Supreme Court’s opinion in Michigan v. Bryant may have signaled a loosening of that Court’s interpretation of the key term “testimonial” as used in the Crawford confrontation […]
December 14, 2011
Unavailability under Crawford
Under the new Crawford confrontation clause test, testimonial hearsay statements by declarants who do not testify at trial may not be admitted unless the declarant is unavailable and there has […]
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