Crawford’s Implications on the Bruton Rule
Jessica Smith
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 7, 2012
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 […]
Read post "Crawford’s Implications on the Bruton Rule"August 6, 2012
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 […]
Read post "The Bruton Rule: A Primer"June 25, 2012
As I explain in more detail here, notice and demand statutes allow the State to obtain a constitutional waiver of confrontation rights so that forensic lab reports and related items […]
Read post "Don’t Look a Gift Horse in the Mouth"June 13, 2012
The U.S. Supreme Court’s new Crawford confrontation clause rule has had significant impact in child victim prosecutions, largely because of problems with getting children to testify. One frequent Crawford question […]
Read post "4th Circuit Ruling: Child’s Statements to Social Worker Are Non-testimonial"May 29, 2012
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 […]
Read post "N.C. Court of Appeals Weighs in on “Testimonial” Evidence after Bryant"April 2, 2012
Under the new Crawford confrontation clause analysis, testimonial hearsay statements by witnesses who do not appear at trial cannot be admitted unless the prosecution shows unavailability and a prior opportunity […]
Read post "North Carolina Has Its First Forfeiture by Wrongdoing Case"February 20, 2012
“It’s the economy, stupid,” was a catch phrase in Bill Clinton’s successful 1992 presidential campaign. I have my own catch phrase, but it’s for trying drug cases. Here it is: […]
Read post "It’s Testimonial, Stupid"December 14, 2011
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 […]
Read post "Unavailability under Crawford"November 7, 2011
As blog readers well know, the new Crawford confrontation clause rule provides that absent an exception or a waiver of rights, testimonial hearsay statements of a declarant who does not […]
Read post "Court Holds that Probable Cause Hearing Provides a Prior Opportunity to Cross Examine"October 13, 2011
In a case decided earlier this month, the North Carolina Court of Appeals held that Maryland v. Craig, which allows certain child abuse victims to testify by way of closed-circuit […]
Read post "N.C. App. Holds that Maryland v. Craig Survives Crawford"