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Tag Archives: Confrontation Clause
In-Person Oral Argument Should Go the Way of the Dodo
It’s one thing for the Guv to announce that we can now eat at restaurants, and a good thing too, since we’re pretty sick of our own cooking. But going to court in person? Who needs it? State criminal courts … Continue reading
Posted in Appellate advocacy, Law & Parody
Tagged Confrontation Clause, COVID-19, Judge Daniel Conviser
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Let’s put the Claws back into Confrontation!
We once had an appeal where the prosecution called every cop, firefighter, ambulance paramedic and dogcatcher in Staten Island to have each one testify how he or she responded to the scene, saw the victim with his head blown away … Continue reading
Posted in Criminal law, Law & Parody
Tagged Bullcoming v. New Mexico, Confrontation Clause, DNA, Melendez-Diaz v. Massachusetts, OCME
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“Everything I know about forensic science I learned in kindergarten”
In 2009, the National Academy of Sciences issued a report called “Prosecution Science is Hooey.” The official title was “Strengthening Forensic Science in the United States: A Path Forward” and the gist was that, whether it’s a … Continue reading
NY DA finally admits eyewitness i.d. is unreliable
In the absence of DNA testing, defendants might well be prosecuted solely on the basis of eyewitness testimony, the reliability of which is often questioned. – NY DA’s amicus brief in Williams v. Illinois Yes, we can see it now. … Continue reading
Annals of junk science: The Lassie effect
The Lassie effect, prevalent in the criminal justice system, is the unshakable belief that dogs have powers of divination which they communicate to the pure in heart. Here’s a typical episode: Timmy: Lassie! What’s wrong, girl? Lassie: Unnn rrrrrr owwww … Continue reading
Posted in Criminal law, Law, Law & Parody
Tagged Confrontation Clause, Dogs, junk science
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Justice Scalia dissents from a traffic ticket
Justice Scalia was charged with being at fault for a fender-bender while driving himself to work. It was not known whether he will pay or contest the fine. Today the DMV Traffic Adjudication Services, a court nowhere authorized by Article … Continue reading
Posted in Law, Law & Parody
Tagged Confrontation Clause, fender bender, Justice Scalia, Law & Parody, Michigan v. Bryant
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