Topic
Testimonials
40 published works
EvidenceProf Blog
Et tu, Bruton?: When is a Statement “Testimonial” for Bruton Doctrine Purposes?
By Colin Miller
Pursuant to the Bruton doctrine, at a joint jury trial, the Confrontation Clause is violated by the admission of a co-defendant's statement that facially incriminates another defendant unless the co-defendant testifies at…
Ohio Appellate Insights
In Sharper Focus: Confrontation Clause Jurisprudence-Testimonial and Non-Testimonial Statements.
This post is meant as a companion piece to better understand the merit decision in State v. Clark, posted here. Federal Precedent In 2004, in Crawford v. Washington, a landmark…
The Rainmaker Blog
If You Want to Say You’re a Great Lawyer in Florida, You Gotta Prove It
Although today is April Fool’s Day, the latest ruling on lawyer advertising handed down by the Florida Supreme Court is no joke. Well, actually, it kinda is. But not in the…
EvidenceProf Blog
Avoiding A Confrontation, Take 2: 3rd Circuit Finds Bruton Doctrine Doesn’t Cover Nontestimonial Hearsay
By Colin Miller
As I noted yesterday,Pursuant to the Bruton doctrine, the Confrontation Clause is violated by the admission, at a joint jury trial, of a defendant's statement that facially incriminates a co-defendant unless the defendant takes…
EvidenceProf Blog
E Tu, Bruton, Take 2: Eastern District Of Michigan Finds Nontestimonial Statements Beyond Scope Of Bruton
By Colin Miller
The statements from John Henry Williams to Kareemah Greer, Deville Thedford, Richard Peeples, and Donnell Hornbuckle concerning petitioner's involvement in the robbery and murder do not qualify as testimonial statements…
EvidenceProf Blog
Bryant and Multiple Concurrent Purposes
By Colin Miller
In my last entry, Post-Bryant Case Law Confirms Scalia’s Fears, I discussed the ease in which the primary purpose test can be manipulated to reach desired outcomes. This post addresses…
EvidenceProf Blog
Avoiding A Confrontation, Take 5: My Take On The Supreme Court’s Impending Opinion In Bullcoming v. New Mexico
By Colin Miller
I haven't posted on it yet, so today I thought that I would post an entry about the Supreme Court's impending opinion in Bullcoming v. New Mexico and my take on…
EvidenceProf Blog
Michigan v. Bryant, Part 3
By Colin Miller
My prior post on Michigan v. Bryant dealt with two aspects of the Court's opinion. It noted that under the opinion, the Court (1) adopted an objective test for determining whether statements are "testimonial"…
EvidenceProf Blog
What’s My Purpose?: Opinion Reveals Criteria Washington Courts Use In Determining Whether Statements Are Testimonial
By Colin Miller
In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court found that that the Confrontation Clause of the U.S. Constitution is violated when hearsay is "testimonial," admitted against a criminal…
Ad Law Access
FTC Addresses Frequently Asked Questions About the Revised Endorsement Guides
In October 2009, the Federal Trade Commission (“FTC”) introduced a revised version of its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Guides”). Key changes to the…