Saturday, January 12, 2008
Forfeit Victory?: Supreme Court Grants Cert in Giles v. California
As Professor Richard D. Friedman posts over at The Confrontation Blog, the Supreme Court has granted certiorari in Giles v. California, a case that addresses the issue of whether the forfeiture by wrongdoing doctrine applies even when the prosecution cannot prove a specific intent on the part of a defendant to render a prospective witness unavailable to testify at trial. Giles will likely be argued in April and decided by the end of the term. I recently posted my thoughts on the narrow vs. broad interpretation of the forfeiture by wrongdoing doctrine in connection with the Mark D. Jensen trial, and it will certainly be interesting to see which way the Supreme Court Rules.
-CM
https://lawprofessors.typepad.com/evidenceprof/2008/01/forfeit-victory.html