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Sixth Amendment

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Evan Lee, Laurie Levenson, Francesca Wiilliams
November 21, 2024

Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when an essential element of the charge.

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act  in Pulsifer v. United States.

Laurie Levenson, Evan Lee, Clara J. Altman
October 5, 2023

Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.

James D. Garbolino
March 19, 2021

Videoconference Testimony | Sixth Amendment Right to Confront and the Hague Convention

In this case, the petitioner made a pretrial request to appear by videoconference.

Holdings

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