j. “Testimonial” Evidence

On Point is very pleased to present this Guest Post discussion of Bullcoming v. New Mexico by Brandon L. Garrett, Professor of Law, University of Virginia. (Cross-posted at ACS. On Point has made a minor editing change in the first sentence, to add the date of decision.) Professor Garret has previously guest-posted on DNA and habeas procedure.  Professor Daniel… Read more

Docket Decision below: People v. Williams, 238 Ill. 2d 125 (Ill. S. Ct. No. 107550) Question Presented (by the Court): Whether a state rule of evidence allowing an expert witness to testify about the results of DNA testing performed by non-testifying analysts, where the defendant has no opportunity to confront the actual analysts, violates the Confrontation Clause… Read more

Donald Bullcoming v. New Mexico, USSC No. 09-10876, 6/23/11 The question presented is whether the Confrontation Clause permits the prosecution to introduce a forensic laboratory report containing a testimonial certification—made for the purpose of proving a particular fact—through the in-court testimony of a scientist who did not sign the certification or perform or observe the… Read more

State v. Marvin L. Beauchamp, 2011 WI 27, affirming 2010 WI App 42; for Beauchamp: Craig S. Powell; case activity Confrontation – Dying Declaration, § 908.045(3) ¶34  We therefore, like every state court that has considered the dying declaration exception since Crawford, take a position consistent with the language of Crawford and Giles and decline… Read more

7th circuit court of appeals decision Habeas – Certificate of Appealability We pause briefly to note the district court’s error in denying a certificate of appealability in this case. The statute provides that a certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.”… Read more

Michigan v. Bryant, USSC No. 09-150 At respondent Richard Bryant’s trial, the court admitted statements that the victim, Anthony Covington, made to police officers who discovered him mortally wounded in a gas station parking lot. … We hold that the circumstances of the interaction between Covington and the police objectively indicate that the “primary purpose of… Read more

State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply Confrontation – Generally The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other evidence-rule ¶¶22-26, citing Giles v… Read more