Giles v. California
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-6053 | Cal. S.Ct. |
Apr 22, 2008 Tr. |
Jun 25, 2008 | TBD | Scalia | OT 2007 |
Issue: Whether criminal defendants forfeit their Sixth Amendment Confrontation Clause Claims upon a showing the defendant caused the unavailability of the witness or upon a showing the defendant’s actions were undertaken specifically to prevent the witness from testifying.
Judgment: Vacated and remanded, in an opinion by Justice Antonin Scalia on June 25, 2008.
SCOTUSblog Coverage
- Analysis: A way around the Giles rule
- Analysis: An old adage may not apply
- Argument Preview: Giles v. California
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Briefs and Documents
- Opinion below (Supreme Court of California)
- Petition for certiorari
- Brief in opposition
- Petitioner's reply
- Amicus brief of Professor Richard Friedman (in support of the petitioner)
Merit briefs (via ABA)
- Brief for Petitioner Dwayne Giles
- Brief for Respondent State of California
- Reply Brief for Petitioner Dwayne Giles
Amicus briefs
- Brief for National Association of Criminal Defense Lawyers in Support of Petitioner
- Brief for the National Crime Victim Law Institute in Support of Respondent
- Brief for the States of Illinois, Alabama, Arizona, Colorado, Delaware, Florida, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming in Support of Respondent
- Brief for the National Association to Prevent Sexual Abuse of Children’s National Child Protection Training Center in Support of Respondent
- Brief for the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), the California Partnership to End Domestic Violence, and Legal Momentum, et al., in Support of Respondent
- Brief for the Battered Women’s Justice Project and Other Domestic Violence Organizations in Support of Respondent
- Brief for the National Association of Counsel for Children and the American Professional Society on the Abuse of Children in Support of Respondent
- Brief for Richard D. Friedman in Support of Respondent
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