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Autopsy, toxicology reports admissible under ‘Crawford’ (access required)

Published: April 4, 2013

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Autopsy and toxicology reports could be admitted in a murder case without the availability for cross examination of the individuals who prepared those reports, the 2nd U.S. Circuit Court of Appeals has ruled in affirming judgment.

Breathalyzer records admissible under ‘Crawford’ (access required)

Published: February 22, 2013

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A drunk driving defendant’s constitutional rights were not violated by the introduction at trial of the inspection, maintenance and calibration records for the breath test machine used in his arrest, New York’s highest court has ruled in affirming a conviction.

Benchmarks: Witness could testify wearing wig, fake mustache (access required)

By: Pat Murphy
Published: January 31, 2013

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A federal appeals court decided yesterday that a confidential informant could wear a wig and fake mustache when he testified against an alleged member of a Mexican drug cartel.

Pathologist can’t testify about autopsy report (access required)

Published: January 30, 2013

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The Confrontation Clause barred a forensic pathologist from expressing opinions regarding an autopsy that he did not perform, the New Mexico Supreme Court has ruled in reversing a murder conviction.

Witness to child abuse can testify via closed-circuit TV (access required)

Published: December 19, 2012

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A child abuse defendant’s Confrontation Clause rights were not violated by the presentation of a child witness’s testimony by closed-circuit television, the California Court of Appeal has ruled in affirming a conviction.

Cell phone records inadmissible in murder trial (access required)

Published: December 11, 2012

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A murder defendant’s Confrontation Clause rights were violated by the admission of incriminating cell phone records without proper authentication, the Ohio Supreme Court has ruled.

Autopsy report admissible under ‘Crawford’ (access required)

Published: December 10, 2012

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A murder defendant’s Confrontation Clause rights were not violated by the admission of evidence regarding an autopsy report without the testimony of the pathologist who performed the autopsy of the victim, the Illinois Supreme Court has ruled in affirming a conviction.

Breath test records admissible against DUI defendant (access required)

Published: November 15, 2012

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A DUI defendant’s Confrontation Clause rights were not violated by the admission of the certificate of calibration for the breath test machine used to determine the level of alcohol in his system, the Kansas Supreme Court has ruled in affirming judgment.

State’s expert could testify about autopsy records (access required)

Published: October 18, 2012

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A murder defendant’s Confrontation Clause rights were not violated by the testimony of a pathologist who expressed opinions based on an autopsy report prepared by another doctor who did not testify, the California Supreme Court has ruled in reinstating a conviction.

Prosecution expert could testify regarding lab report (access required)

Published: October 17, 2012

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A defendant’s Confrontation Clause rights were not violated by the admission of a prosecution expert’s testimony regarding a lab report that was prepared by a nontestifying technician, the California Supreme Court has ruled in reinstating a conviction.

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