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White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Tag Archives: hearsay

Gun-Possession Conviction Reversed Because Police Officers Testified To Hearsay Contents Of 911 Call Identifying Suspect Resembling Defendant, Going Beyond Permissible “Background” Evidence

Posted in Evidence

Alain Leibman writes: While much of the jurisprudence addressing the admissibility of out-of-court statements in criminal cases turns on abstract notions of the meaning of the Sixth Amendment’s Confrontation Clause (see a recent example here), defense counsel can sometimes block or successfully appeal the admission of testimony simply because the applicable rules of evidence bar… Continue Reading

Crawford requires that co-conspirator statements to informants be tossed

Posted in Constitutional law

Since the seismic shift in Confrontation Clause jurisprudence effected by Crawford v. Washington, 541 U.S. 36 (2004), lower courts have struggled to define precisely which "testimonial statements" are now excluded from evidence unless the government can show both that the declarant is unavailable to testify at trial and there was a prior opportunity for cross-examination… Continue Reading

New Jersey’s Supreme Court Explores Parameters of Crawford

Posted in Evidence

In three recent decisions, the New Jersey Supreme Court considered and applied the parameters of the United States Supreme Court case of Crawford v. Washington, 541 U.S. 36 (2004) to similar, but distinct questions of evidence admissibility.  In Crawford, the Court held that under the Confrontation Clause of the Sixth Amendment, “[t]estimonial statements of witnesses… Continue Reading