Does Confrontation Clause bar expert DNA testimony? 
By:
Kimberly Atkins
Published: December 6, 2011
Tags: Confrontation Clause, criminal, DNA evidence, Melendez-Diaz, Supreme Court
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.
Ruling gives muscle to Confrontation Clause
By:
Kimberly Atkins
Published: July 11, 2011
Tags: Confrontation Clause, criminal, DUI, lab tests, Supreme Court
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.
Justices rule in exclusionary rule “good faith” case
Published: June 16, 2011
Tags: Arizona v. Gant, criminal, exclusionary rule, Fourth Amendment, Supreme Court
The exclusionary rule does not preclude admission of evidence collected in a search conducted in objectively reasonable reliance on binding appellate precedent at the time, the U.S. Supreme Court has ruled.
SEARCH AND SEIZURE
Published: June 16, 2011
Tags: Arizona v. Gant, criminal, exclusionary rule, Fourth Amendment, Supreme Court
The exclusionary rule does not preclude admission of evidence collected in a search conducted in objectively reasonable reliance on binding appellate precedent at the time.
See “Justices rule in exclusionary rule case”
U.S. Supreme Court. Davis v. U.S., No. 09-11328. June 16, 2011. Lawyers USA No.
» Continue Reading.
Does change in law trigger exclusionary rule?
By:
Kimberly Atkins
Published: March 21, 2011
Tags: Arizona v. Gant, criminal, exclusionary rule, Fourth Amendment, Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court tussled Monday with the limits of the exclusionary rule when the police conduct a search in a way that is lawful at the time, but later deemed unconstitutional by the Court.
Justices reluctant to exclude driving record in illegal stop
By:
Kimberly Atkins
Published: March 21, 2011
Tags: criminal, driving records, exclusionary rule, Fourth Amendment, illegal traffic stop, Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court seemed unwilling to hold that motor vehicle records obtained as a direct result of an illegal stop should be excluded from evidence as fruit of the poisonous tree.
Prosecutors fear flood of DNA evidence claims under §1983
By:
Kimberly Atkins
Published: March 14, 2011
Tags: civil rights, criminal, DNA access, habeas, Supreme Court, §1983
WASHINGTON – In the wake of the U.S Supreme Court’s ruling in Skinner v. Switzer that prisoners may assert civil rights claims seeking access to DNA evidence, defense attorneys and prosecutors are predicting very different consequences.
Prisoner can assert §1983 claim for DNA evidence access
By:
Kimberly Atkins
Published: March 7, 2011
Tags: civil rights, criminal, DNA evidence, Supreme Court, §1983
A prisoner may assert a claim under §1983 to access DNA evidence from his trial for testing, the U.S. Supreme Court has ruled.
CIVIL RIGHTS
By:
Kimberly Atkins
Published: March 7, 2011
Tags: civil rights, criminal, DNA evidence, Supreme Court, §1983
A prisoner may assert a claim under §1983 to access DNA evidence from his trial for testing.
See “Prisoner can assert §1983 claim for DNA access”
U.S. Supreme Court. Skinner v. Switzer, No. 09-9000. March 7, 2011. Lawyers USA No. 993-2721.
Can plea-bargained crack sentences be reduced?
By:
Kimberly Atkins
Published: February 23, 2011
Tags: criminal, sentencing guidelines, Supreme Court, U.S. Sentencing Commission
WASHINGTON – In a case that could impact thousands of defendants seeking modifications of sentences under the federal crack cocaine sentencing guidelines, the Supreme Court heard arguments on whether sentences set by binding plea agreements are eligible for modification under 18 U.S.C. §3582(c)(2).
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