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Articles 1 - 8 of 8
Full-Text Articles in Law
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses the Montana hearsay exception for "dying declarations."
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley
St. Mary's Law Journal
Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …
Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein
Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein
Articles by Maurer Faculty
Dying declarations have taken on increased importance since the Supreme Court indicated that even if testimonial, they may present a unique exception to its new confrontation jurisprudence. Starting with Crawford v. Washington in 2004, the Court has developed strict rules concerning the use of testimonial statements made by unavailable declarants. Generally, testimonial statements (those made with the expectation that they will be used to prosecute the accused) may be admitted only if they were previously subject to cross examination. The only exceptions appear to be dying declarations and forfeiture by wrongdoing if the accused intentionally rendered the declarant unavailable.
This …
"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas
"I'M Dying To Tell You What Happened": The Admissibility Of Testimonial Dying Declarations Post-Crawford, Peter Nicolas
Articles
This Article demonstrates the existence and delineates the scope of a federal constitutional definition of "dying declarations" that is distinct from the definitions set forth in the Federal Rules of Evidence and their state counterparts. This Article further demonstrates that states have state constitutional definitions of "dying declarations" (for purposes of interpreting state constitutional analogues to the Confrontation Clause of the Sixth Amendment) that may differ in important respects from the federal constitutional definition of "dying declarations."
This Article then shows that some of the definitions of "dying declarations" contained in federal and state hearsay exceptions exceed the federal and …
Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein
Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein
Aviva A. Orenstein
Dying declarations have taken on increased importance since the Supreme Court indicated that even if testimonial, they may present a unique exception to its new confrontation jurisprudence. Starting with Crawford v. Washington in 2004, the Court has developed strict rules concerning the use of testimonial statements made by unavailable declarants. Generally, testimonial statements (those made with the expectation that they will be used to prosecute the accused) may be admitted only if they were previously subject to cross examination. The only exceptions appear to be dying declarations and forfeiture by wrongdoing if the accused intentionally rendered the declarant unavailable.
This …
The Rule Of Dying Declarations, Leo E. Oxley
The Rule Of Dying Declarations, Leo E. Oxley
Kentucky Law Journal
No abstract provided.
Evidence--Dying Declarations, Eleanor Dawson
Evidence--Dying Declarations, Eleanor Dawson
Kentucky Law Journal
No abstract provided.
Evidence--Dying Declarations, F. H. Hankes