evidence | Judiciary.org

Supreme Court

Required SEC disclosures and erroneous DNA evidence

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. United States, meaning that the court will be making yet another foray into the “categorical approach” to determining whether prior convictions are “crimes of violence” for sentencing purposes. … Read the rest

Supreme Court

Jackson dissents in denial of Louisiana man’s death-row evidence plea

Over a dissent from the court’s three liberal justices, the Supreme Court turned down a request from a Louisiana man on death-row to weigh in on when someone else’s confession is the kind of evidence that the Constitution requires prosecutors to turn over. The court’s denial of review in Brown v. Louisiana came at the end of a list of orders from the justices’ private conference last week.

The justices did not add any new cases to their docket … Read the rest

Supreme Court

Two petitions probe permissible evidence in convictions and sentencing

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In criminal trials, the Constitution places various limits on what information judges and juries may consider. This week, we highlight cert petitions that ask the court to decide, among other things, whether a jury may take into account a defendant’s courtroom demeanor and whether a judge may partially base a … Read the rest

Supreme Court

Justices affirm Crawford’s application of Sixth Amendment confrontation clause to testimonial evidence

Thursday’s decision in Hemphill v. New York affirmed the requirement for cross-examination of testimonial statements offered at trial and rejected a state law exception to the rule. A jury convicted Darrell Hemphill of second-degree murder after a trial court admitted un-cross-examined testimonial statements from a third-party’s plea allocution. New York courts agreed the admission did not violate Crawford v. Washington, which interpreted the Sixth Amendment’s confrontation clause to require cross-examination of testimonial statements offered at trial. But in … Read the rest