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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
Loaded on April 15, 2024
by Douglas Ankney
published in Criminal Legal News
April, 2024, page 26
Filed under:
Testimonial Statements,
Crime Lab Reports,
Immigration Law/Offenses,
Post Crawford,
Business Records.
Location:
Texas.
by Douglas Ankney
The U.S. Court of Appeals for the Fifth Circuit held that the admission of Department of Homeland Security (“DHS”) Investigation Form G-166F (“G-166F”) at Nicole Elizabeth Foreman’s trial where the preparer of the G-166F did not testify violated the Confrontation Clause of the Sixth Amendment …
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More from this issue:
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
- 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, by Douglas Ankney
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
- Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
- New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, by Anthony Accurso
- Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
- Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, by David Reutter
- Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
- One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
- Police Bodycams: If You Film It …, by Michael Thompson
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- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
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- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
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More from Douglas Ankney:
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- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
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- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
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More from these topics:
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- Maine Supreme Judicial Court Vacates Conviction Based on Confrontation Clause Where Toxicologist Testified About Toxicology Tests Performed by Others, Which SCOTUS Rejected in Smith v. Arizona, Oct. 15, 2025. Forensic Sciences, Testimonial Statements, Crime Lab Reports, Hearsay Evidence, Expert and Opinion Testimony.
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