CAAF Opinion Digest · one opinion, every topic
U.S. v. Cavitt, 69 M.J. 413
Decided Feb 25, 2011 · No. 11-0210/AF · September 2010 Term · Opinion (PDF)
Digested under 3 topics
First Principles: Constitutional Matters: Confrontation
- the Confrontation Clause is not satisfied by reliability - it requires confrontation of the declarant of testimonial hearsay
- a surrogate expert witness’s testimony regarding drug test results violated the Confrontation Clause of the Sixth Amendment in a prosecution for wrongful use of marijuana, where the testimony drew attention to and repeated portions of the testimonial hearsay contained on the drug test report cover memorandum
Core Criminal Law Subjects: Evidence: Hearsay › Generally
- the Confrontation Clause is not satisfied by reliability - it requires confrontation of the declarant of testimonial hearsay
Core Criminal Law Subjects: Witnesses: Confrontation
- the Confrontation Clause is not satisfied by reliability - it requires confrontation of the declarant of testimonial hearsay
- a surrogate expert witness’s testimony regarding drug test results violated the Confrontation Clause of the Sixth Amendment in a prosecution for wrongful use of marijuana, where the testimony drew attention to and repeated portions of the testimonial hearsay contained on the drug test report cover memorandum
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