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Month: January 2019

Right to Confront and Cross-Examine Witnesses in Domestic Violence Cases – Contesting the Forfeiture by Wrongdoing Exception

January 25, 2019
| 2 Comments
| Categories: Domestic Violence, Felonies

Under Crawford v. Washington, ((2004) 541 US 36), out of court statements by witnesses that are testimonial are barred under the Confrontation Clause of the Sixth Amendment, unless witnesses are unavailable and the defendant had prior opportunity to cross-examine witnesses. (Id. at 54). “Testimonial” statements are those that are made in circumstances that reasonably suggest…

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Prior Domestic Violence Reports as Evidence in Trial: The Exception to the Rule against Using Past Allegations to Show Present Guilt

January 10, 2019
| 1 Comment
| Categories: Domestic Violence

Domestic violence allegations are complex cases for a number of reasons. One of the areas that such cases differ from average criminal cases is that ordinary rules that govern the admission of evidence related to reports, arrests, or convictions suffered by a defendant can be admitted to show that the defendant is guilty of present…

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