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Univ. of San Diego School of Law

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Wednesday, December 21, 2005

NY Court of Appeals Grants New Trial for Lack of Cross-Examination Opportunity

From New York Law Journal: "New York's Court of Appeals Tuesday overturned the conviction of Andrew Goldstein in the notorious subway station murder of Kendra Webdale, holding that the mentally ill defendant's right to a fair trial was abridged when a psychiatric expert for the prosecution told the jury of hearsay conversations she had had with witnesses who were not subjected to cross examination. Tuesday's 6-1 ruling was grounded in Crawford v. Washington, 541 US 36, the U.S. Supreme Court's 2004 confrontation clause landmark opinion that generally barred the use of so-called "testimonial" hearsay in criminal cases unless the defendant has an opportunity to question the witness." Read more from Law.com. . . [Mark Godsey]

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