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 […]
June 25, 2012
Don’t Look a Gift Horse in the Mouth
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 […]
June 13, 2012
4th Circuit Ruling: Child’s Statements to Social Worker Are Non-testimonial
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 […]
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 […]
April 2, 2012
North Carolina Has Its First Forfeiture by Wrongdoing Case
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 […]
February 20, 2012
It’s Testimonial, Stupid
“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: […]
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 […]
November 7, 2011
Court Holds that Probable Cause Hearing Provides a Prior Opportunity to Cross Examine
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 […]
October 13, 2011
N.C. App. Holds that Maryland v. Craig Survives Crawford
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 […]
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