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Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted
Loaded on Oct. 15, 2021
by Dale Chappell
published in Criminal Legal News
November, 2021, page 36
Filed under:
Testimonial Statements.
Location:
New York.
by Dale Chappell
The U.S. Court of Appeals for the Second Circuit affirmed the grant of habeas corpus relief to a New York state prisoner, finding that his Sixth Amendment right of confrontation was violated when evidence against him in an autopsy report was introduced at trial through an expert ...
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More from this issue:
- The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases, by Matthew Clarke
- Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process, by Douglas Ankney
- Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts, by Douglas Ankney
- California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement, by Dale Chappell
- Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea, by David Reutter
- Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13, by Dale Chappell
- Anger: A Natural Reaction That Makes the Innocent Appear Guilty, by Jayson Hawkins
- An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting, by Jayson Hawkins
- Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b), by Dale Chappell
- Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, by Douglas Ankney
- Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion, by Douglas Ankney
- Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct, by Douglas Ankney
- Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy, by Michael Fortino, Ph.D
- SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review, by Dale Chappell
- Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted, by Dale Chappell
- Ohio, Now 24th State to End LWOP for Juveniles, by Michael Fortino, Ph.D
- "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", by David Reutter
- Current Forensic Sciences Not as Objective as Most Believe, by Edward Lyon
- DNA Standards Often Make the Difference Between Life and Death, by Michael Fortino, Ph.D
- Justice Department Orders All Federal Agents to Wear Body Cameras, by Chuck Sharman
- Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition, by Anthony Accurso
- Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents, by Chuck Sharman
- Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1), by Dale Chappell
- Experts Agree: Police Public Relations Consistently Mislead the Public, by Jayson Hawkins
- Study Shows Public Defenders Outperform Court Appointed Private Attorneys, by Michael Fortino, Ph.D
- Investigative Report Highlights Difficulties in Disciplining Cops, by Michael Fortino, Ph.D
- Florida’s Worst Cop Fired for 7th Time, by Jayson Hawkins
- Police Do Not Want to Pay for Damage They Inflicted to Texas Home, by Kevin Bliss
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
- California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
- NYC’s Stop-and-Frisk Still Targets Based on Race, by Jayson Hawkins
- News in Brief
More from Dale Chappell:
- 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
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
More from these topics:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025. Fifth Amendment, Searches - Cellphones/Computers/Internet, Non-Testimonial, Testimonial Statements, Self-Incrimination Clause.
- Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause, June 15, 2024. Confrontation Clause/Rights, Video/Closed Circuit TV Testimony, Video Cameras, Crawford, Testimonial Statements.
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, April 15, 2024. Testimonial Statements, Crime Lab Reports, Immigration Law/Offenses, Post Crawford, Business Records.
- "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", Sept. 15, 2021. Habeas Corpus, Testimonial Statements, Unpublished/Withdrawn/Redacted Decisions.
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, Jan. 15, 2021. junk science, Expert Witnesses/Testimony, Testimonial Statements.
- Williams v. Illinois, No. 10-8505 (U.S. Supreme Court) (567 U.S. 50; 132 S.Ct. 2221) (June 18, 2012) (Justice Alito), June 25, 2012. Punch And Jurists, Testimonial Statements.
- U.S. v. Burden, No. 03-1727-cr-LEAD (2nd Cir.) (600 F.3d 204) (March 31, 2010) (Judge John R. Gibson), Sept. 6, 2010. Punch And Jurists, Testimonial Statements.
