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Murdered child’s statements admissible (access required)

Published: May 17, 2012

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A murder defendant’s Confrontation Clause rights were not violated by the admission at trial of statements that the child victim had made to a social worker, the 4th Circuit has ruled in affirming a conviction.

Intoxilyzer certificates admissible without testimony (access required)

Published: May 3, 2012

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A drunk driving defendant’s Confrontation Clause rights were not violated by the admission of Intoxilyzer 5000 certificates without the testimony of the technician who prepared them, the Idaho Court of Appeals has ruled in affirming a conviction.

Intoxilyzer records admissible without live testimony (access required)

Published: April 16, 2012

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A drunk driving defendant’s Confrontation Clause rights were not violated by the admission of Intoxilyzer calibration records without the testimony of the technician who prepared them, the Mississippi Supreme Court has ruled in affirming a conviction.

Autopsy reports inadmissible in health fraud case (access required)

Published: January 23, 2012

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The testimony of the medical examiners who authored autopsy reports was required for the documents to be admitted as evidence in the criminal trial of a doctor who allegedly over-prescribed pain killers, the 11th Circuit has ruled in reversing a conviction.

Does Confrontation Clause bar expert DNA testimony? (access required)

By: Kimberly Atkins
Published: December 6, 2011

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WASHINGTON – The justices of the U.S. Supreme Court have already looked at the issue of DNA evidence in criminal cases, with several rulings restricting prosecutors’ ability to admit such data without calling the lab analysts who prepared the tests to testify.

Tuesday, the Court took another look at the issue – this time considering whether expert testimony based in part on DNA database matches is constitutionally barred.

Recording of 911 call admissible in murder trial (access required)

Published: September 27, 2011

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A murder defendant’s constitutional rights were not violated by the admission of the recording of a 911 call made by an unidentified woman who reported his flight from the crime scene, Maryland’s highest court has ruled in affirming a conviction.

Confrontation Clause ruling isn’t retroactive (access required)

Published: July 29, 2011

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The U.S. Supreme Court ruling requiring criminal lab report analysts to be available for cross-examination does not apply to a defendant who sought a new trial for a drug conviction that predated that decision, Massachusetts’ highest court has ruled in affirming judgment.

Ruling gives muscle to Confrontation Clause (access required)

By: Kimberly Atkins
Published: July 11, 2011

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The U.S. Supreme Court’s ruling that the Confrontation Clause bars admission of laboratory reports such as blood-alcohol content tests through the in-court testimony of an analyst who did not personally perform the test was viewed as a major victory by some defense attorneys.

CONFRONTATION CLAUSE (access required)

Published: June 28, 2011

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Were a rape defendant’s Confrontation Clause rights violated when an expert witness for the state was permitted to render an opinion based on the results of a DNA analysis performed by a private laboratory?

See “Justices take up Confrontation Clause case

» Continue Reading.

Justices take up Confrontation Clause violation in rape case (access required)

Published: June 28, 2011

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The U.S. Supreme Court will decide whether a rape defendant’s Confrontation Clause rights were violated when an expert witness for the state was permitted to render an opinion based on the results of a DNA analysis performed by a private laboratory.

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