Don’t Blame Crawford or Bryant: the Confrontation Clause Mess is All Davis‘s Fault

In Michigan v. Bryant, a gunshot victim provided responding officers with the identity of the man who shot him as he lay dying in a parking lot. In determining whether the subsequent use of the deceased declarant’s statement at trial … Continue reading

No Expertise Required: How Washington D.C. Has Erred in Expanding Its Expert Testimony Requirement

In 2005, Marlin Godfrey brought a diversity action in the United States District Court for the District of Columbia against Allen Iverson and his bodyguard, Jason Kane, stemming from a brawl at Eyebar, a Washington, D.C. nightclub. Godfrey alleged that … Continue reading