On June 18, 2015, the U.S. Supreme Court handed down a merit decision in Ohio v. Clark. In a unanimous decision written by Justice Alito, in which Justice Scalia, joined by Justice Ginsburg, concurred in judgment only, and Justice Thomas wrote a solo separate concurrence in judgment only, the Court held that the admission of
Confrontation Clause
Update on State v. Clark: U.S. Supreme Court Bound?
By Marianna Bettman on
On October 2, 2014, the U.S. Supreme Court granted cert. in Ohio v. Clark. 13-1352.
On October 30, 2013, the Supreme Court of Ohio handed down a merit decision in State v. Clark, 2013-Ohio-4731. In a 4-3 decision written by Justice O’Donnell, for himself and Justices Pfeifer, Kennedy and O’Neill, the Court held that a…
Merit Decision: Before You Complain, Watch What You Stipulate. State v. Keck.
By Marianna Bettman on
On November 27, 2013, the Supreme Court of Ohio handed down a merit decision in State v. Keck, 2013-Ohio-5160. In a unanimous decision written by Justice Lanzinger, the Court held that the defendant’s rights under the Confrontation Clause were not violated by the testimony of an expert witness who relied on a report authored by…
Merit Decision: Court Nixes Non-Testifying Child’s Statement to Teacher about Abuse. Strong Dissent by Chief Justice O’Connor, who Invites U.S. Supreme Court Review. State v. Clark
By Marianna Bettman on
Further Update: on June 18, 2015, the U.S. Supreme Court reversed the Supreme Court of Ohio in this case. Read the analysis here.
Update: On October 2, 2014, the U.S. Supreme Court granted cert. in this case, now captioned Ohio v. Clark. 13-1352.
On October 30, 2013, the Supreme Court of Ohio handed down a…
In Sharper Focus: Confrontation Clause Jurisprudence-Testimonial and Non-Testimonial Statements.
By Marianna Bettman on
This post is meant as a companion piece to better understand the merit decision in State v. Clark, posted here.
Federal Precedent
In 2004, in Crawford v. Washington, a landmark opinion of the U.S. Supreme Court authored by Justice Scalia, the Court held that to meet the requirements of the Confrontation Clause, certain kinds…
Merit Decision: Court Nixes Statement Identifying Accomplice Through Testimony of Police Officer. State v. Ricks.
By Marianna Bettman on
Update: Read what happened on remand here.
On September 5, 2013 the Supreme Court of Ohio handed down a merit decision in State v. Ricks, 2013-Ohio-3712. The issue was whether it was proper in this case to admit a non-testifying accomplice’s out-of-court statements through the testimony of an investigating police officer. Although the Court…
What’s on Their Minds: More Crawford Issues. State v. Daniel Arden Keck II.
By Marianna Bettman on
On November 27, 2013, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On May 7, 2013, the Supreme Court of Ohio heard oral argument in the case of State v. Daniel Arden Keck II, 2011-0686. The issue in this case is whether the Confrontation Clause prohibits the…
Oral Argument Preview: Still More Crawford Issues. State v. Daniel Arden Keck II.
By Marianna Bettman on
On November 27, 2013, the Supreme Court handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On May 7, 2013, the Supreme Court of Ohio will hear oral argument in the case of State v. Daniel Arden Keck II, 2011-0686. The issue in…
What’s On Their Minds? The Crawford Testimonial Tangle: Are a Student’s Statements to his Teachers Regarding Abuse Testimonial or Non-Testimonial? State v. Darius Clark.
By Marianna Bettman on
Update: On October 30, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here.
On January 23, 2013, the Supreme Court head oral argument in State v. Darius Clark, 2012-0215. The issue in the case is whether a child’s statement to his teachers about physical abuse constitutes testimonial…
What’s on Their Minds: Admission of Out-Of-Court Statements of Identification without the Declarant Being Cross-Examined. State v. Ricks
By Marianna Bettman on
Update: On September 5, 2013 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On January 23, 2013, the Supreme Court heard oral argument in State v. Ricks, 2011-1912. This murder conviction appeal involves the admissibility of a non-testifying co-defendant’s out-of-court statements through the testimony of…