Cross Examination (611)

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Term Talk: Smith v. Arizona; Diaz v. United States

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.

Term Talk: Erlinger v. United States; Pulsifer v. United States

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.

Case Commentary: Romero v. Bahamonde, 857 Fed. App’x 576 (11th Cir. 2021)

James D. Garbolino

November 16, 2022

Objection of the Child | Manner of Hearing | Wishes vs. Objections | Immigration Status and Settlement

Case Commentary: Nowlan v. Nowlan, Civil Action No. 5:20cv00102, 2021 U.S. Dist. LEXIS 10824 (W.D. Va. Jan. 21, 2021)

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

Exhibit IV-1. Sample Confirmation Trial Scheduling Order

January 1, 2009

Exhibit III-3. Sample Order Requiring Presentation of Evidence by Declaration