Tuesday, July 26, 2011
Michael H. Graham (University of Miami - School of Law) has posted Confrontation Clause – Crawford/Davis/Melendez-Diaz: 2010 Application Summary – Recent Chaos (Criminal Law Bulletin, Vol 46, p. 1334, 2010) on SSRN. Here is the abstract:
This article explores the state of confrontation clause analysis as it existed following the Melendez-Diaz United States Supreme Court 2009 decision that an forensic analyst’s affidavit that a substance is cocaine is “testimonial” as that term is presented and somewhat defined in Crawford and Davis. A then current “testimonial/nontestimonial application summary is incorporated followed by a contention that future confusion in the continuing saga of confrontation clause doctrine development is assured. This prediction was in fact borne out by the United States Supreme Court decisions in Bryant and Bullcoming, decisions that were penned after this article was published.