Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause by Sam Rutherford by Sam Rutherford The Supreme Court of Montana held that the presentation of expert witness testimony adverse to the defendant via two-way video conferencing technology during trial violated the defendant’s right to …

First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit upheld the U.S. District Court for the District of Massachusetts’ order granting a new trial after the prosecutor …

California Supreme Court: Defendant Doesn’t Forfeit Claim for Failing to Object to Expert’s Testimonial Hearsay at Trial That Occurred Before Sanchez Was Decided by Anthony Accurso by Douglas Ankney The Supreme Court of California held that an appellate claim of a confrontation clause violation based on an expert’s testimonial hearsay …