Up periscope

I’m traveling to the USDB (and get to come home), so here are some hits.

I follow fourthamendment.com blog every day.  Here is part of his reference to Huntzinger, and CAAF’s pending oral argument.

Don’t expect a decision in a while. I’ve always been intrigued by the quality of opinions from the CAAF, so I’m looking forward to it.

Another blog I follow every day (and post occasionally for you) is Professor Colin Miller’s evidenceprofblog.  Here is an interesting thread he’s had going with Prof. Duane at Regent’s.  Professor Duane by the way is one of the guru’s of presumptions and their uses, or improper uses.

Back in November, I posted an entry about an e-mail sent by Regent Law School Professor James Duane to the Evidence professor listserv concerning an odd paragraph in the 2009 Advisory Committee Note to the amendment to Federal Rule of Evidence 804(b)(3). In that paragraph, the Committee indicated that it did not "need to address the relationship between Rule 804(b)(3) and the Confrontation Clause, because the requirements of this exception assure that declarations admissible under it will not be testimonial." Professor Duane’s e-mail challenged this conclusion, and I agreed with the points that he made.