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Vanderbilt University Law School

Constitutional Law

2020

Confrontation clause

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Unraveling Williams V. Illinois, Edward K. Cheng, Cara C. Mannion Jan 2020

Unraveling Williams V. Illinois, Edward K. Cheng, Cara C. Mannion

Vanderbilt Law School Faculty Publications

This Essay addresses one of the key evidentiary problems facing courts today: the treatment of forensic reports under the Confrontation Clause. Forensics are a staple of modern criminal trials, yet what restrictions the Confrontation Clause places on forensic reports is entirely unclear. The Supreme Court’s latest decision on the issue, Williams v. Illinois, sowed widespread confusion among lower courts and commentators, and during the 2018 Term, Justices Gorsuch and Kagan dissented to the denial of certiorari in Stuart v. Alabama, a case that would have revisited (and hopefully clarified) Williams.

Our Essay dispels the confusion in Williams v. Illinois. …