Giles v. California
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-6053 | Cal. S.Ct. | Apr 22, 2008 | Jun 25, 2008 | 6-3 | Scalia | OT 2007 |
Holding: The California Supreme Court's theory of forfeiture by wrongdoing is not an exception to the Sixth Amendment's confrontation requirement because it was not an exception established at the founding.
Judgment: Vacated and remanded, 6-3, in an opinion by Justice Antonin Scalia on June 25, 2008. Justice Scalia delivered the opinion of the Supreme Court, except as to Part II-D-2. Chief Justice Roberts and Justices Thomas and Alito joined that opinion in full, and Justices Souter and Ginsburg joined as to all but Part II-D-2. Justice Thomas and Justice Alito filed concurring opinions. Justice Souter filed an opinion concurring in part, in which Justice Ginsburg joined. Justice Breyer filed a dissenting opinion, in which Justices Steven and Kennedy joined.
SCOTUSblog Coverage
- Analysis: A way around the Giles rule (Lyle Denniston, June 25, 2008)
- Analysis: An old adage may not apply (Lyle Denniston, April 22, 2008)
- Argument Preview: Giles v. California (Eliza Presson, April 21, 2008)
- Court to rule on campaign finance, 3 other cases (Lyle Denniston, January 11, 2008)
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
