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Davis v. Washington, 547 U.S. 813 (2006), was a case decided by the Supreme Court of the United States and written by Justice Antonin Scalia that established the test used to determine whether a hearsay statement is "testimonial" for Confrontation Clause purposes.
The Court modified the Hawkins rule so that the witness-spouse alone has a privilege to refuse to testify adversely; the witness may be neither compelled to testify nor foreclosed from testifying. Court membership; Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall
Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of ...
Kastigar v. United States, 406 U.S. 441 (1972), was a United States Supreme Court decision that ruled on the issue of whether the government's grant of immunity from prosecution can compel a witness to testify over an assertion of the Fifth Amendment privilege against self-incrimination.
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
Diaz was convicted and sentenced to seven years in prison. On appeal to the United States Court of Appeals for the Ninth Circuit, the Court rejected petitioner's argument that Agent Flood's testimony violated rule 704(b). The Court ruled that Flood's statements did not constitute an "explicit opinion" on the defendant's state of mind. [4]
Sen. Dick Durbin, D-Ill., listens to witness testimony during a Senate Judiciary Committee hearing on "Supreme Court Ethics Reform" on Capitol Hill in Washington, on May 2, 2023.
The United States Supreme Court held that the use of the spouse's recorded statement made during police interrogation violated the defendant's Sixth Amendment right to be confronted with the witnesses against the defendant where the spouse, because of the state law marital privilege, did not testify at the trial and so was unavailable.