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Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation
by David M. Reutter
The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for further proceedings.
Tyler Clapp was stopped on July 6, 2018, after being observed “spinning cookies” in ...
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More from this issue:
- Blue Lies Matter, by Nia T. Evans
- Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause, by Jacob Barrett
- Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief, by Dale Chappell
- New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists, by Mark Wilson
- Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful, by Dale Chappell
- SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar, by Dale Chappell
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, by David M. Reutter
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, by David M. Reutter
- Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional, by Mark Wilson
- Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers, by Harold Hempstead
- Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops, by Anthony Accurso
- Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion, by Douglas Ankney
- Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear, by Douglas Ankney
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, by David M. Reutter
- California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release, by Matthew Clarke
- U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes, by Anthony Accurso
- Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases, by Richard Resch
- The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure, by Anthony Accurso
- Cops in Virginia Beach Used Fake DNA Reports During Interrogations, by Douglas Ankney
- Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation, by Douglas Ankney
- Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting, by Harold Hempstead
- Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior, by Anthony Accurso
- New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing, by David Reutter
- Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed, by Matthew Clarke
- Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement, by David Reutter
- Expert Forensic Testimony Flawed by Implicit Racial Bias, by Casey Bastian
- Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law, by Mark Wilson
- Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority, by Casey Bastian
- Organization Created Platform to Log Police Misconduct in North Carolina, by Ashleigh Dye
- A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases., by Jake Pearson
- Police Outsourcing Reduces Transparency, by Anthony Accurso
- COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies, by Casey Bastian
- The Right to be Forgotten, by David Reutter
- Oregon Bans Pre-Conviction Mugshot Public Disclosure, by Mark Wilson
- Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges, by Casey Bastian
- What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago, by Akintunde Ahmad
- Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated, by Douglas Ankney
- News in Brief
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
More from these topics:
- California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication, Jan. 15, 2024. Confrontation Clause/Rights, Cross-Examination, Witnesses - Examination of, Cooperating Witnesses, Scope of.
- The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes, Nov. 15, 2022. Sixth Amendment, Counsel - Effective Assistance of.
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, Sept. 15, 2022. Informants, Confrontation Clause/Rights, Hearsay Evidence.
- SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay, March 15, 2022. Confrontation Clause/Rights, Present Sense Impression.
- Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights, Nov. 15, 2021. junk science, Confrontation Clause/Rights.
- The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, Sept. 15, 2021. DNA Testing/Samples, junk science, Cell Site Location Information ("CSLI"), Breathalyzer Tests, EP2P Software, Confrontation Clause/Rights.
- Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech, Nov. 1, 2020. Legal Mail, Fourth Amendment, rights, Sixth Amendment.
- Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, Oct. 15, 2020. Habeas Corpus, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony.
- Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause, May 15, 2020. Habeas Corpus, Confrontation Clause/Rights.
- Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, March 18, 2020. Sixth Amendment.