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Bullcoming V. New Mexico
''Bullcoming v. New Mexico'', 564 U.S. 647 (2011), is a significant 6th Amendment Confrontation Clause case decided by the United States Supreme Court. On June 23, 2011, the Supreme Court considered the issue whether a defendant's Confrontation Clause rights extend to a non-testifying laboratory analyst whose supervisor testifies as to test results that the analyst transcribed from a machine. In a five to four decision authored by Justice Ginsburg, the Court held that the second surrogate analyst could not testify about the testimonial statements in the forensic report of the certifying analyst under the Confrontation Clause. The case follows a line of decisions, including ''Crawford v. Washington'' (2004) and '' Davis v. Washington'' (2006), that altered the Court's interpretation of the Confrontation Clause guarantee and clarified its application only to "testimonial" statements. Background Donald Bullcoming of New Mexico was arrested on suspicion of driving while intoxicated. ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ...
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Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that ''"in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him."'' The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government. In 2004, the Supreme Court of the United States formulated a new test in ''Crawford v. Washington'' to determine whether the Confrontation Clause applies in a criminal case. The Confrontation Clause has its roots in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in the ey ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Crawford V
Crawford may refer to: Places Canada * Crawford Bay Airport, British Columbia * Crawford Lake Conservation Area, Ontario United Kingdom * Crawford, Lancashire, a small village near Rainford, Merseyside, England * Crawford, South Lanarkshire, a village in Scotland ** Crawford Castle, a medieval fortification * Crawford Castle, an iron-age fortification, at Spetisbury, Dorset, England * Crawford Priory, a country house about 2 miles south west of Cupar, Fife, Scotland United States * Crawford, Alabama (other), several places * Crawford, Colorado * Crawford, Florida * Crawford, Georgia * Crawford, Maine * Crawford, Mississippi * Crawford, Missouri * Crawford, Nebraska * Crawford, New York * Crawford, Ohio * Crawford, Oklahoma * Crawford, Texas * Crawford Notch, a mountain pass in New Hampshire * Crawford County (other), several counties * Crawford Township (other), several townships Elsewhere * Crawford crater, Australia * Crawford, Cape Town, a su ...
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Davis V
Davis may refer to: Places Antarctica * Mount Davis (Antarctica) * Davis Island (Palmer Archipelago) * Davis Valley, Queen Elizabeth Land Canada * Davis, Saskatchewan, an unincorporated community * Davis Strait, between Nunavut and Greenland * Mount Davis (British Columbia) United States * Davis, California, the largest city with the name * Davis, Illinois, a village * Davis, Massachusetts, an abandoned mining village * Davis, Maryland, a ghost town * Davis, Missouri, an unincorporated community * Davis, North Carolina, an unincorporated community and census-designated place * Davis, Oklahoma, a city * Davis, South Dakota, a town * Davis, West Virginia, a town * Davis, Logan County, West Virginia, an unincorporated community * Davis Island (Connecticut) * Davis Island (Mississippi) * Davis Island (Pennsylvania) * Davis Peak (Washington) * Fort Davis, Oklahoma * Mount Davis (California) * Mount Davis (New Hampshire) * Mount Davis (Pennsylvania) Other * ...
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New Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe. The court's five justices are chosen by statewide election, or appointed by the governor if to fill a seat that has become vacant mid-term; the justices in turn choose who among them will serve as chief justice. The second time they face popular election, they must first pass review by a judicial standards committee, and then face a retention election in which they must receive at least 57% of the vote. History New Mexico Territorial Supreme Court In 1846, what is now New Mexico was seized by the Uni ...
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Jeffrey L
Jeffrey may refer to: * Jeffrey (name), including a list of people with the name * ''Jeffrey'' (1995 film), a 1995 film by Paul Rudnick, based on Rudnick's play of the same name * ''Jeffrey'' (2016 film), a 2016 Dominican Republic documentary film *Jeffrey's, Newfoundland and Labrador, Canada *Jeffrey City, Wyoming, United States *Jeffrey Street, Sydney, Australia * Jeffrey's sketch, a sketch on American TV show ''Saturday Night Live'' *'' Nurse Jeffrey'', a spin-off miniseries from the American medical drama series ''House, MD'' *Jeffreys Bay, Western Cape, South Africa People with the surname * Alexander Jeffrey (1806–1874), Scottish solicitor and historian * Charles Jeffrey (footballer) (died 1915), Scottish footballer * E. C. Jeffrey (1866–1952), Canadian-American botanist *Grant Jeffrey (1948–2012), Canadian writer *Hester C. Jeffrey (1842–1934), American activist, suffragist and community organizer *Richard Jeffrey (1926–2002), American philosopher, logician, and pro ...
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Gary King (politician)
Gary Kenneth King (born September 29, 1954) is an American lawyer, politician, and energy consultant who served as the 30th attorney general of New Mexico from January 1, 2007, to January 1, 2015. King previously served as an advisor in the United States Department of Energy, a member of the New Mexico House of Representatives, and the Democratic nominee for New Mexico governor in the 2014 election. Early life and education King is the son of Bruce King, a three-time Governor of New Mexico, and Alice M. King. He attended New Mexico State University and obtained a bachelor's degree in chemistry in 1976. He received his Ph.D. in organic chemistry from University of Colorado, Boulder in 1980. He then attended the University of New Mexico School of Law, where earned a Juris Doctor. Career In 1984, King formed the law firm of King and Stanley in Moriarty, New Mexico; in 1990, he assumed the position of Corporate General Counsel and Senior Environmental Scientist with Advanced Scie ...
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Justice Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President Bill Clinton to replace retiring justice Byron White, and at the time was generally viewed as a moderate consensus-builder. She eventually became part of the liberal wing of the Court as the Court shifted to the right over time. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg wrote notable majority opinions, including '' United States v. Virginia''(1996), '' Olmstead v. L.C.''(1999), '' Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.''(2000), and '' City of Sherrill v. Oneida Indian Nation of New York''(2005). Ginsburg was born and grew up in Brooklyn, New York. Her older sister died when she was a baby, and her mother died shortly ...
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Melendez-Diaz V
''Melendez-Diaz v. Massachusetts'', 557 U.S. 305 (2009), is a United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. While the court ruled that the then-common practice of submitting these reports without testimony was unconstitutional, it also held that so called "notice-and-demand" statutes are constitutional. A state would not violate the Constitution through a "notice-and-demand" statute by both putting the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and also giving the defendant sufficient time to raise an objection. Background In 2001, Boston police received information from an informant regarding suspicious activity at a Kmart store. The informant stated that an employee repeatedly received phone calls at work, ...
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2011 In United States Case Law
Eleven or 11 may refer to: *11 (number), the natural number following 10 and preceding 12 * one of the years 11 BC, AD 11, 1911, 2011, or any year ending in 11 Literature * ''Eleven'' (novel), a 2006 novel by British author David Llewellyn *''Eleven'', a 1970 collection of short stories by Patricia Highsmith *''Eleven'', a 2004 children's novel in The Winnie Years by Lauren Myracle *''Eleven'', a 2008 children's novel by Patricia Reilly Giff *''Eleven'', a short story by Sandra Cisneros Music *Eleven (band), an American rock band * Eleven: A Music Company, an Australian record label * Up to eleven, an idiom from popular culture, coined in the movie ''This Is Spinal Tap'' Albums * ''11'' (The Smithereens album), 1989 * ''11'' (Ua album), 1996 * ''11'' (Bryan Adams album), 2008 * ''11'' (Sault album), 2022 * ''Eleven'' (Harry Connick, Jr. album), 1992 * ''Eleven'' (22-Pistepirkko album), 1998 * ''Eleven'' (Sugarcult album), 1999 * ''Eleven'' (B'z album), 2000 * ''Eleven'' (Ream ...
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