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Full-Text Articles in Law

Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May Oct 2005

Now And Then At The Supreme Court, Nancy Bellhouse May, Nancy May

The Journal of Appellate Practice and Process

No abstract provided.


Preface, David C. Frederick Oct 2005

Preface, David C. Frederick

The Journal of Appellate Practice and Process

No abstract provided.


Grappling With The Meaning Of 'Testimonial', Richard D. Friedman Jan 2005

Grappling With The Meaning Of 'Testimonial', Richard D. Friedman

Articles

Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."