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Defense to Win All Remaining Supreme Court Cases

With only two more decision dates remaining in this Supreme Court term, we’ve got our eyes on four criminal cases yet to be decided. Either next Monday (June 22) or the following Monday (June 29), we...

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Lab Report’s Not Enough — Chemist Must Testify

The Supreme Court this morning ruled that it’s a violation of the Sixth Amendment’s Confrontation Clause for the prosecution in a drug case to simply admit a sworn lab report, without the chemist’s...

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No, Virginia, You Can’t Get Around the Confrontation Clause by Shifting the...

On June 25 last year, the Supreme Court held in Melendez-Diaz v. Massachusetts that in a drug case the prosecution can’t simply use a sworn lab report to prove the existence of a controlled substance....

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Supreme Court Smackdown

“Why is this case here, except as an opportunity to upset Melendez-Diaz?” So wondered Justice Scalia during oral argument a couple weeks back in the case of Briscoe v. Virginia. For some background,...

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Correct, but Wrong: SCOTUS on Unreliable Eyewitness Identification

In this Information Age, it is hard to grasp sometimes that everybody does not know everything. And yet it is so. It is common knowledge, for example, that dinosaur fossils are the bones of creatures...

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