Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Compulsory Process Ii, Peter Westen
Compulsory Process Ii, Peter Westen
Michigan Law Review
This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as the …
Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review
Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review
Michigan Law Review
This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.