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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.
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]
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
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.
Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of an affidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by another person (in many common law jurisdictions, a notary ...
Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment.
McLean v. Arkansas Board of Education, 529 F. Supp. 1255 (E.D. Ark. 1982), was a 1981 legal case in the US state of Arkansas. [1]A lawsuit was filed in the United States District Court for the Eastern District of Arkansas by various parents, religious groups and organizations, biologists, and others who argued that the Arkansas state law known as the Balanced Treatment for Creation-Science and ...
However, in 2003 in McKevitt v. Pallasch, [6] Judge Posner reaffirmed the majority's opinion in Branzburg in a case concerning a refusal to stay an order, in a terrorism case in Ireland, to subpoena recordings of a key witness possessed by a group of journalists. Posner used the case-by-case balancing test envisioned by Justice Powell, writing: