Seventh Circuit determines that admission of an audiotape of robbery defendant beating and threatening the life of a potential witness was a “close[ ] call” but that its probative value in suggesting defendant’s guilty conscience “cannot be genuinely disputed” and that this evidence was not unfairly prejudicial despite the fact…
I have commented on this issue previously: More on groundwork. Now the 1st Circuit seems to want to get tougher with prosecutors. First Circuit Once Again Criticizes The Use Of Law Enforcement “Overview” Testimony. After prior admonitions, First Circuit warns prosecutor that failure to avoid the problems in using an…
This case is relevant to both the prosecution and the defense. And not just on cross-examination, but also on direct. On defense claim that the defendant did not affirmatively consent but only “acquiesced” to the search, defense counsel’s use of the word “acquiesced” in cross-examining the officer was inadmissible under…
Prof. Colin Miller has this very useful post on the character of a "victim" when a defense of self-defense is raised. The Character Of The Matter: Court Of Appeals Of Arizona Finds That Victim's Violent Character Is Not An Essential Element Of A Self Defense Claim. In Fish, Harold Arthur Fish…
I’ve commented earlier that I do not see Melendez-Diaz altering the drug urinalysis case in terms of laboratory evidence. Here is some additional thought which I think supports my conclusion. Q2: Peer review, forensic experts. One question that came up during oral argument, and remains after the ruling, is the…
Here is the QP is Briscoe, a VA case which addresses one of the points raised in Melendez-Diaz. I have done this in drug urinalysis cases – asked for production of the lab witnesses as defense witnesses – and been refused. If a state allows a prosecutor to introduce a…
Are juvenile convictions subject to discovery and potential use at trial? — Yes. Mil. R. Evid. 609(d): Evidence of juvenile adjudications is generally not admissible under this rule. The military judge, however, may allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the…
Dog sniffs of the exterior of a vehicle are not searches under the Fourth Amendment. See United States v. Olivera-Mendez, 484 F.3d 505, 511 (8th Cir. 2007). "Such a dog sniff may be the product of an unconstitutional seizure, however, if the traffic stop is unreasonably prolonged before the dog…
Professor Colin Miller, Chicken Little Or Canary In The Coal Mine?: Supreme Court Finally Issues Opinion In Melendez-Diaz, Finding Certificates Of State Laboratory Analysts To Be "Testimonial," 25 June 2009. Analysis: Law need not bow to chemistry, SCOTUSBlog.
Here is a link to Professor Friedman’s initial thoughts on this case. First, this is a terrific decision. It is the right result, for the right reasons. It clears up a lot of issues that should have been clear. It should have been unanimous; the principal concern it raises is…