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But even where the witness is unavailable, the defendant must have had a prior opportunity to confront the witness through cross examination. A witness may be unavailable for a variety of reasons. A common reason for a witness to be unavailable is that the witness is claiming a Fifth Amendment privilege against self incrimination.
Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), [1] 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. [2]
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
Fourth Amendment • Fifth Amendment • cross-border shooting by federal ... Thomas dissented from the Court's denial of motion for leave to file a complaint.
U.S. Const. amend. VI Gonzalez-Lopez , 548 U.S. 140 (2006), is a United States Supreme Court ruling that the erroneous deprivation of a defendant's attorney of choice entitles him to a reversal of his conviction under the Sixth Amendment to the United States Constitution .
FIRST ON FOX: Sen. Ted Cruz, R-TX, is reintroducing a constitutional amendment to cap the number of Supreme Court Justices at nine, amid calls to expand the court. Cruz, now joined by 15 ...
Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995), is a United States Supreme Court case that focused on First Amendment rights and the Establishment Clause. Vincent Pinette, an active member of the Ku Klux Klan in Columbus, Ohio, wanted to place an unattended cross on the lawn of the Capitol Square during the 1993 ...
Eighteen states and the ACLU filed lawsuits seeking to prevent President Trump from denying citizenship to children born in the U.S. to non-citizens.