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Confrontation and Depositions

By Kent Scheidegger et al.

The Florida Supreme Court held yesterday that a discovery deposition is insufficient to satisfy the requirement of Crawford v. Washington, 541 U.S. 36 (2004) that the defendant have an opportunity to cross-examine before an out-of-court "testimonial" statement can be introduced in evidence. The opinion in State v. Contreras, No. SC05-1767, is here.

Full post as published by Crime and Consequences on March 14, 2008 (boomark / email).