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Specht v. Patterson, No. 831 (U.S. Supreme Court) (386 U.S. 605; 87 S.Ct. 1209) (April 11, 2067) (Justice Douglas)

Article • December 16, 2002

Filed under: Punch And Jurists, Confrontation Clause/Rights

Specht v. Patterson, No. 831 (U.S. Supreme Court) (386 U.S. 605; 87 S.Ct. 1209) (April 11, 2067) (Justice Douglas) by In a decision that some commentators have said was a precursor to Apprendi v. New Jersey, the Court held that the Confrontation Clause applies during those portions of a sentencing …

Maryland v. Craig, No. 89-478 (U.S. Supreme Court) (497 U.S. 836; 110 S.Ct. 3157) (June 27, 1990) (Justice O'Connor)

Article • December 7, 2002

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

Maryland v. Craig, No. 89-478 (U.S. Supreme Court) (497 U.S. 836; 110 S.Ct. 3157) (June 27, 1990) (Justice O'Connor) by The issue before the Court in this case was whether the Confrontation Clause of the Sixth Amendment categorically prohibits a child witness in a child abuse case from testifying against …

Lomholt v. Burt, No. C01-2018-MWB (N.D.Iowa) (219 F.Supp.2d 977) (May 2, 2002) (Judge Mark W. Bennett)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

Lomholt v. Burt, No. C01-2018-MWB (N.D.Iowa) (219 F.Supp.2d 977) (May 2, 2002) (Judge Mark W. Bennett) by The petitioner in this case, Mark Lomholt, was convicted in 1996 of two counts of second degree sexual abuse, primarily on the testimony of the two victims, a four-year old female and a …

Olden v. Kentucky, No. 88-5223 (U.S. Supreme Court) (488 U.S. 227; 109 S.Ct. 490) (December 12, 1988) (Per Curiam)

Article • October 21, 2002

Filed under: Punch And Jurists, Confrontation Clause/Rights

Olden v. Kentucky, No. 88-5223 (U.S. Supreme Court) (488 U.S. 227; 109 S.Ct. 490) (December 12, 1988) (Per Curiam) by Here the Court held that the Kentucky state court had violated the petitioner's Confrontation Clause rights when it limited examination of the rape victim to preclude inquiry into the victim's …

Pennsylvania v. Ritchie, No. 85-1347 (U.S. Supreme Court) (480 U.S. 39; 107 S.Ct. 989) (February 24, 1987) (Justice Powell)

Article • January 9, 2000

Filed under: Punch And Jurists, Confrontation Clause/Rights

Pennsylvania v. Ritchie, No. 85-1347 (U.S. Supreme Court) (480 U.S. 39; 107 S.Ct. 989) (February 24, 1987) (Justice Powell) by Case held that where psychiatric, investigative or medical information is privileged or confidential, it is to be turned over to the trial court for an in camera review to balance …

U.S. v. Mapp, No. 97-1342 (2nd Cir.) (170 F.3d 328) (March 16, 1999) (Judge Jose A. Cabranes)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Confrontation Clause/Rights

U.S. v. Mapp, No. 97-1342 (2nd Cir.) (170 F.3d 328) (March 16, 1999) (Judge Jose A. Cabranes) by Here the Court rejected a claim that the Sixth Amendment right to counsel was violated when Federal officials arranged for the defendant to be placed in a holding cell with cooperating witnesses. …

U.S. v. Navarro, No. 97-41162 (5th Cir.) (169 F.3d 228) (March 8, 1999) (Judge Emilio M. Garza)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Navarro, No. 97-41162 (5th Cir.) (169 F.3d 228) (March 8, 1999) (Judge Emilio M. Garza) by In this case, the defendant refused to sign a Waiver of Rights and Consent to Proceed by Video-Conference, and he objected that th wanted to be sentenced in person. The district court …

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker) by This appeal, which involved the conviction of a high-profile organized crime leader, principally through the testimony of six former members of the Mafia who had become cooperating witnesses, is noted for …

Whelchel v. Wood, No. CS-95-500-RHW (E.D.Wash.) (996 F.Supp. 1019) (November 19, 1997) (Judge Robert H. Whaley)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Confrontation Clause/Rights

Whelchel v. Wood, No. CS-95-500-RHW (E.D.Wash.) (996 F.Supp. 1019) (November 19, 1997) (Judge Robert H. Whaley) by Case held that violations of Confrontation Clause had a substantial and injurious influence on the jury and required vacation of the conviction. Judge Shadur once observed that "Any efforts of the lower courts …

U.S. v. Moses, No. 95-1827 (6th Cir.) (137 F.3d 894) (February 26, 1998) (Judge Richard F. Suhrheinrich)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Moses, No. 95-1827 (6th Cir.) (137 F.3d 894) (February 26, 1998) (Judge Richard F. Suhrheinrich) by Case reversed conviction because district court failed to follow procedures specified in statute and refused to allow defendant to cross-examine child witness whose testimony was given by closed circuit TV.

In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Confrontation Clause/Rights

In Re Wilkinson, No. 96-4133 (6th Cir.) (137 F.3d 911) (March 5, 1998) (Judge Allen E. Norris) by QUOTE OF THE WEEK - The Confrontation Clause: its goals and purposes. The Supreme Court has observed that the foundation of the Confrontation Clause guarantee is "the perception that confrontation is essential …

U.S. v. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

U.S. v. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken) by Prior to trial, the government filed a motion to permit all child witnesses to testify by closed circuit TV. Although the district court denied that motion on a preliminary basis, at trial …

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer)

Article • December 1, 1995

Filed under: Punch And Jurists, Confrontation Clause/Rights

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer) by Case affirmed use of testimony of two deceased witnesses, finding that there was sufficient guarantees of trustworthiness and did not violate confrontation clause. In this case the defendant challenged to use of …