Briscoe update

Here is a link to today’s oral argument in Briscoe v. Virginia, the post Crawford and Melendez-Diaz case.

While I’m not convinced the decision will have much meaning in military cases, there are others who believe it will.  So it does behoove us to monitor the case.

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One response to “Briscoe update”

  1. Texas Military Lawyer says:

    The Justices kept trying to ask counsel for Appellant the question that would affect the military (i.e. What if the lab uses a procedure where several different analysts process the same sample – Must they all then testify about the results in order to satisfy the CC?), but counsel would not answer the question. At one point, 4 or 5 different justices asked that same question in one form or another. To me, that says that they are interested in the issue. If they don’t answer it in Briscoe, maybe they will answer it in Quon this term (or grant cert in Blazier after CAAF affirms). It will be interesting.

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