December 6, 2021
The United States Supreme Court held in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), that sworn forensic reports prepared by laboratory analysts for purposes of prosecution are testimonial statements, rendering […]
January 4, 2021
As jury trials resume across the state, many criminal courts will soon confront the issue of whether to permit State’s witnesses to wear masks while testifying. CDC guidance suggests that […]
April 10, 2013
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 […]
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 […]
February 10, 2011
In my first post on this topic, I set the stage for a discussion about the constitutionality of remote two-way testimony. In my second post, I explored the legal authority […]
February 9, 2011
In my last post, I set the stage for a discussion about the constitutionality of remote two-way testimony. In this post I will explore the authority bearing on that question. […]
February 8, 2011
Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy […]