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Articles 1 - 4 of 4
Full-Text Articles in Law
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Confronting The “Ongoing Emergency”: A Pragmatic Approach To Hearsay Evidence In The Context Of The Sixth Amendment, Ellen Liang Yee
Confronting The “Ongoing Emergency”: A Pragmatic Approach To Hearsay Evidence In The Context Of The Sixth Amendment, Ellen Liang Yee
ellen yee
The Supreme Court’s path breaking decision in Crawford v. Washington, 541 U.S 36 (2004), held that admission of an extrajudicial testimonial statement by an unavailable declarant-witness violates the Confrontation Clause unless the defendant has an opportunity to cross-examine the declarant. Unfortunately, the determination of admissibility for the trial court judge has not been simplified after Crawford. The role of the trial court judge has now shifted from determining the reliability of the hearsay evidence (as was required before Crawford) to a determination of the testimonial nature of the declarant’s statement. However, with some small exceptions, the Court in Crawford explicitly …
"Face To Face" With The Right Of Confrontation: A Critique Of The Supreme Court Of Kentucky's Approach To The Confrontation Clause Of The Kentucky Constitution, Sarah M. Dunn
Kentucky Law Journal
No abstract provided.
Working Through The Confrontation Clause After Davis V. Washington, Andrew Dylan
Working Through The Confrontation Clause After Davis V. Washington, Andrew Dylan
Fordham Law Review
In Davis v. Washington, the U.S. Supreme Court clarified its newly minted approach to the Sixth Amendment's Confrontation Clause, set out just two years earlier in Crawford v. Washington. While Davis provides some guidance to the lower courts in their attempts to separate “testimonial” from “nontestimonial” statements--the hinge on which confrontation jurisprudence now swings--it falls short of offering a bright-line rule. In fact, Davis may be construed as endorsing not one but three tests for determining whether a statement is testimonial, prompting confusion and inconsistency in the lower courts. This Note attempts to sort through the alternatives in an effort …