Even though a Wisconsin Supreme Court ruling from last week resolved conflicting case law governing the admissibility of certain toxicology reports, criminal-law practitioners say it did little to answer questions over testimonial hearsay.

Tagged with: Confrontation Clause Julius Kim Robert Donohoo State v. Mattox Wisconsin Supreme Court

The Wisconsin Supreme Court has ruled that certain toxicology reports may be admitted at trial without testimony from or cross-examination of the authors of those reports without violating the Sixth Amendment’s confrontation clause.

Tagged with: Confrontation Clause Jenifer Dorow Sixth Amendment toxicology Wisconsin Supreme Court

The Court of Appeals has affirmed that it's not only the rules of evidence that do not apply in criminal pretrial proceedings; equally inapplicable is the right of confrontation.

Tagged with: Bench Blog Confrontation Clause drunken driving Jean DiMotto Lisa Neubauer Mark Gundrum Paul Reilly

A Wisconsin Supreme Court decision issued Tuesday says DNA evidence collected during a criminal investigation can be used in a trial, even if the person who analyzed the evidence is not the one that testifies.

Tagged with: Annette Ziegler Confrontation Clause DNA Kuchler & Cotton Wisconsin Supreme Court

If a Wisconsin defendant on trial for two sexual assaults cannot cross-examine the out-of-state lab analyst who prepared his underlying DNA profiles, have his constitutional rights under the Confrontation Clause been violated?

Tagged with: Confrontation Clause DNA J.B. Van Hollen Samuel Alito sexual assault Wisconsin Supreme Court

A federal appeals court decided Wednesday that a confidential informant could wear a wig and fake mustache when he testified against an alleged member of a Mexican drug cartel.

Tagged with: Confrontation Clause U.S. Supreme Court

12-1672 Dietrich v. Smith

Tagged with: 7th Circuit Digest Confrontation Clause Criminal Digest

2010AP2012-CR State v. Pringle

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest WI Court of Appeals Digest

2011AP2549-CR State v. Elim

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest Ineffective assistance WI Court of Appeals Digest

11-2201 U.S. v. Garvey

Tagged with: 7th Circuit Digest Confrontation Clause Criminal Digest Criminal Procedure Digest plain error

2010AP2363-CR & 2010AP2364-CR State v. Deadwiller

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest WI Court of Appeals Digest

The Confrontation Clause does not bar an expert from testifying at a criminal trial that a DNA profile produced by an outside laboratory matched the defendant’s state lab DNA profile, the U.S. Supreme Court has ruled in a fractured opinion.

Tagged with: Anthony Kennedy Antonin Scalia certiorari Clarence Thomas Confrontation Clause DNA Elena Kagan John Roberts Ruth Bader Ginsburg Samuel Alito Sonia Sotomayor Stephen Breyer Supreme Court Williams v. Illinois

10-8505 Williams v. Illinois

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest SCOTUS Digest Williams

2010AP3122-CR State v. Bohanan

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest WI Court of Appeals Digest

2011AP38-CR, 2011AP39-CR State v. Jacobson

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest Ineffective assistance speedy trial WI Court of Appeals Digest

2011AP532-CR State v. Howland

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Digest WI Court of Appeals Digest

11-74 Hardy v. Cross

Tagged with: AEDPA Confrontation Clause Criminal Digest Habeas Corpus Digest Hardy SCOTUS Digest

The justices of the U.S. Supreme Court have already looked at the issue of DNA evidence in criminal cases, with several rulings restricting prosecutors’ ability to admit such data without calling the lab analysts who prepared the tests to testify.

Tagged with: certiorari Confrontation Clause DNA hearsay Sandy Williams Supreme Court Williams v. Illinois

Here’s an intriguing twist to the common Confrontation Clause scenarios that criminal defense attorneys grapple with every day.

Tagged with: Confrontation Clause Court of Appeals

Despite evidence that the police withheld exculpatory evidence and witnesses were not truthful at trial, a state prisoner convicted in 1994 of sexual assault and attempted homicide will not get a new trial.

Tagged with: 7th Circuit Confrontation Clause Habeas Corpus Rape shield law sexual assualt

2010AP2091-CR State v. Torres

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Criminal Procedure Digest Ineffective assistance WI Court of Appeals Digest

Motor Vehicles OWI; Confrontation Clause

Tagged with: Confrontation Clause Criminal Digest Motor Vehicles Motor Vehicles Digest OWI WI Court of Appeals Digest

Criminal Procedure Confrontation Clause

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Criminal Procedure Digest WI Supreme Court Digest

I don’t know if Casey Anthony killed her daughter or not, but I am confident that primetime television drama helped her to walk.

Tagged with: Blawg Log Confrontation Clause Federal Evidence Review

Motor Vehicles OWI; Confrontation Clause The Confrontation Clause does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an ...

Tagged with: Confrontation Clause Criminal Digest Motor Vehicles OWI SCOTUS Digest Sentencing Digest

Criminal Procedure Out-of-court identifications; self-representation; Confrontation Clause Steven Johnson, pro se, appeals a judgment of conviction entered after a jury found him guilty of robbery by threat of force pursuant to Wis. Stat. § 943.32(1)(b) (2007-08). Johnson sets forth numerous ...

Tagged with: Confrontation Clause Criminal Digest Criminal Procedure Criminal Procedure Digest Self-representation State v. Johnson WI Court of Appeals Digest

The exception to the hearsay rule for dying declarations does not violate the Confrontation Clause.

Tagged with: Confrontation Clause

Criminal Procedure Confrontation Clause; dying declarations Admission of dying declarations does not violate the right to confrontation. “As the court of appeals noted, ‘the Sixth Amendment’s guarantee of the confrontation right does not apply “where an exception to the confrontation ...

Tagged with: Confrontation Clause Criminal Procedure Digest

An April 1 opinion from the 7th Circuit creates a conundrum for state courts when criminal defense attorneys fail to follow the rules for submitting evidence the alleged victim in a sexual assault case has made false allegations before.

Tagged with: 09-3940 7th Circuit Confrontation Clause Sussman v. Jenkins

Criminal Procedure Confrontation Clause Tony Colunga appeals a judgment convicting him of one count of first-degree sexual assault of a child. He argues: (1) that the circuit court violated his constitutional right to confront the witnesses against him when it ...

Tagged with: Confrontation Clause Criminal Procedure Digest