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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. Two years prior to its publication, in Crawford v.
Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), [1] is a United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. [2]
For example, when an individual with a criminal record testifies in their own trial, that past record can be presented to persuade the jury that they are the kind of person who would have done what they are accused of in the present. In a sense, the critics' worries have come to pass because relevant scholarship indicates that there is a ...
Oral arguments were heard on March 19, 2024. The case was argued, on behalf of Diaz, by Jeffrey L. Fisher and, on behalf of the United States, by Matthew Guarnieri. On June 20, 2024, the court ruled 6-3 that the expert testimony of "most people" is not an opinion on the "defendant" and is admissible under the Federal Rules of Evidence.
The hearing should be made well in advance of the first time a case appears on a trial calendar. In one case where a Daubert hearing was conducted on the day of the trial, in which the district court excluded all plaintiff's expert testimony, resulting in the dismissal of all claims, the appellate court remanded the case because of multiple ...
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.
Trammel v. United States, 445 U.S. 40 (1980), is a United States Supreme Court case involving the spousal privilege and its application in the law of evidence. In it, the Court held 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.
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.