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Confronting the Confrontation Clause: Addressing the Unanswered Question of Whether Autopsy Reports are Testimonial Evidence

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Supreme Court Stairs

“Although the Supreme Court has not yet decided whether an autopsy report is considered testimonial evidence for purposes of the Confrontation Clause, the New York Court of Appeals has already decided that autopsy report are not testimonial.

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Eavesdropping Under New York and Federal Law

By   /  June 1, 2012  /  4th Amendment, Constitutional Law 

Gavel 2

“This is the first instance where the Court of Appeals has directly departed from the federal approach concerning electronic eavesdropping. In Rabb, the court issued an eavesdropping warrant against Rabb and P & D solely based on the People’s prior experience with their investigation into Akbar. Although P & D and Akbar were similar organizations with similar objectives, there is little to no evidence supporting a claim that both were engaged in a racketeering conspiracy or criminal enterprise.”

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