D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …

Idaho Supreme Court Admitting Video of Child-Witness Interviews at Trial Violates Confrontation Clause by Sam Rutherford by Sam Rutherford   The Supreme Court of Idaho held that a trial court violated a defendant’s Confrontation Clause rights by admitting video recorded interviews of a child witness at his trial on charges …

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 by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the admission of Department of Homeland Security (“DHS”) Investigation …

Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted by Dale Chappell 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 …

"Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause" by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that a witness’ edited statement from a prior trial, saying that she …

Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause by Dale Chappell 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, …

California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. …