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Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause
by Dale Chappell
In a case where the lower courts assumed a defendant prevented an alleged victim of domestic violence from appearing at trial as a witness to testify against him, the Texas Court of Criminal Appeals (“TCCA”) held that the introduction of the alleged victim’s statements without her being ...
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More from this issue:
- Felony Murder: The Crotchet of American Murder Jurisprudence, by Douglas Ankney
- Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One, by John W. Whitehead
- Reverse Location Warrants Neglect Particularity Requirement, by Casey Bastian
- Cops Increasingly Use Amazon Ring to Target Protestors, by Dale Chappell
- Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row, by Casey Bastian
- $1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years, by Dale Chappell
- Data: NYPD Still Using Chokeholds Despite Ban, by Kevin Bliss
- New Book Scrutinizes Data-Driven Policing
- Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias, by Douglas Ankney
- Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences, by Matthew Clarke
- It’s Time to Reconsider Consent Searches, by Anthony Accurso
- Austin, Texas, Diverting Funds From Police to Transform Community, by Edward Lyon
- Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?, by Douglas Ankney
- Extreme Prosecutorial Misconduct Results in Wrist Slap, by Edward Lyon
- Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety, by Casey Bastian
- When Police Body Cam Is a ‘Propaganda Tool’, by Edward Lyon
- Internet-Connected Devices and the Fourth Amendment, by Anthony Accurso
- Are Police Playing Copyrighted Music to Prevent Live Streaming?, by Anthony Accurso
- Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact, by Douglas Ankney
- Leaving Digital Trails, by Jayson Hawkins
- Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop, by Douglas Ankney
- Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned, by Anthony Accurso
- Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits, by David Reutter
- Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application, by Douglas Ankney
- Report: Police More Aggressive at Leftwing Rallies, by Kevin Bliss
- Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling, by Dale Chappell
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, by Douglas Ankney
- California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional, by Douglas Ankney
- Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop, by Douglas Ankney
- Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines, by Douglas Ankney
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, by Douglas Ankney
- New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed, by Anthony Accurso
- Online Records Impose Digital Punishment for Millions, by Anthony Accurso
- Study: Militarizing Police Doesn’t Shrink Crime Rates, by Jayson Hawkins
- Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction, by Matthew Clarke
- Fourth Circuit Finally Holds Davis Retroactive, by Dale Chappell
- The Costs of the War on Drugs, by Jayson Hawkins
- Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant, by Anthony Accurso
- $27 Million Settlement for George Floyd’s Family, by Jayson Hawkins
- Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause, by Dale Chappell
- Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch, by Matthew Clarke
- Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant, by Anthony Accurso
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun), March 8, 2004. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Photogrammetric Data Services, Inc., No. 00-4498 (4th Cir.) (259 F.3d 229) (July 30, 2001) (Judge William B. Jr. Traxler), Sept. 1, 2001. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Cherry, No. 99-7019 (10th Cir.) (217 F.3d 811) (June 12, 2000) (Judge Carlos Lucero), Aug. 1, 2000. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero), June 1, 2000. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry), Oct. 1, 1999. Punch And Jurists, Declarant Unavailable Exception.
- McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton), April 1, 1999. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy), Jan. 1, 1998. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith), Dec. 1, 1997. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe), Dec. 1, 1997. Punch And Jurists, Declarant Unavailable Exception.
- U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman), June 1, 1997. Punch And Jurists, Declarant Unavailable Exception.
