Comments on: Tomorrow’s Argument in Davis v. Washington http://www.scotusblog.com/wp/tomorrows-argument-in-davis-v-washington/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: federalist http://www.scotusblog.com/wp/tomorrows-argument-in-davis-v-washington/comment-page-1/#comment-9101 federalist Mon, 20 Mar 2006 23:55:10 +0000 http://www.scotusblog.com/wp/uncategorized/tomorrows-argument-in-davis-v-washington/#comment-9101 Apparently, Scalia asked difficult questions of the AGs at oral argument. Obviously, many utterances on 911 calls would clearly constitute "excited utterances" and would therefore fall outside of the bar. But, and no matter what side of the fence one is on, Scalia does raise a good point, namely, how courts should deal with the problems of police/state actor questioning of 911 callers. In another context, some courts expanded the hearsay rule allowing the admission of statements provided to doctors/medical professionals to allow out-of-court accusations of child molestation. This probably resulted in some less than reliable convictions. Apparently, Scalia asked difficult questions of the AGs at oral argument. Obviously, many utterances on 911 calls would clearly constitute “excited utterances” and would therefore fall outside of the bar. But, and no matter what side of the fence one is on, Scalia does raise a good point, namely, how courts should deal with the problems of police/state actor questioning of 911 callers.

In another context, some courts expanded the hearsay rule allowing the admission of statements provided to doctors/medical professionals to allow out-of-court accusations of child molestation. This probably resulted in some less than reliable convictions.

]]> By: paul http://www.scotusblog.com/wp/tomorrows-argument-in-davis-v-washington/comment-page-1/#comment-9100 paul Mon, 20 Mar 2006 18:35:24 +0000 http://www.scotusblog.com/wp/uncategorized/tomorrows-argument-in-davis-v-washington/#comment-9100 The decisions in Davis v. Washington, and its companion case Hammon v. Indiana, will provide tremendous insight into the method of constitutional interpretation that will be used by the two newest justices, particularly with respect to criminal justice issues. It will be facinating to see whether Justices Roberts and Alito will follow the "original meaning" approachs of Justices Saclia and Thomas -- an approach seemingly adopted by the majority in Crawford v. Washington. The decisions in Davis v. Washington, and its companion case Hammon v. Indiana, will provide tremendous insight into the method of constitutional interpretation that will be used by the two newest justices, particularly with respect to criminal justice issues.

It will be facinating to see whether Justices Roberts and Alito will follow the “original meaning” approachs of Justices Saclia and Thomas — an approach seemingly adopted by the majority in Crawford v. Washington.

]]> By: Maryland Conservatarian http://www.scotusblog.com/wp/tomorrows-argument-in-davis-v-washington/comment-page-1/#comment-9099 Maryland Conservatarian Mon, 20 Mar 2006 05:50:11 +0000 http://www.scotusblog.com/wp/uncategorized/tomorrows-argument-in-davis-v-washington/#comment-9099 Davis going with an Originalist argument - I love it! of course, Justice Ginsburg and Justice Kennedy are probably going to want to know what France and Uganda think of all this.... Davis going with an Originalist argument – I love it! of course, Justice Ginsburg and Justice Kennedy are probably going to want to know what France and Uganda think of all this….

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