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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]
In case law, a test case is a lawsuit whose purpose is to establish an important legal principle or right and to set a precedent. [1] Test cases are brought to court with the intention of challenging, interpreting, or receiving clarification on a present law , regulation, or constitutional principle. [ 2 ]
An example of how this change in the rules of evidence can affect trial testimony is demonstrated in an analysis of the 1979 trial of Jeffrey R. MacDonald, a physician, for the murder of his wife and children, if his trial occurred today. In that trial, an expert testified in support of the defense hypothesis that someone else committed the ...
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 ...
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 ...
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.
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]