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An Affiant Is a Witness
An Affiant Is a Witness Cartoons

An Affiant Is a Witness

Melendez-Diaz v. Massachusetts; an affidavit is a witness for Sixth Amendment, so can be confronted at trial unless (1) unavailable to testify and (2) adverse party had a prior opportunity to cross examine the maker.
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Related Cartoons

Mattox v. United States
Mattox v. United States
Defendant rights under confrontation clause are satisfied if defendant has once had opportunity to see a witness face to face and subject that witness to cross examination. Confrontation clause.
United States v. Scheffer
United States v. Scheffer
Compulsory Process Clause does not guarantee right to present polygraph evidence.
Trammel v. United States
Trammel v. United States
Witness may be neither compelled to testify nor barred from testifying against his or her spouse. Privilege for marital communications; marital privilege.
In Re Grand Jury Proceedings
In Re Grand Jury Proceedings
There is no testimonial privilege for parent child communications. Motion to quash.
Character Evidence
Character Evidence
United States v. Whitmore; Rule 608(a); party may introduce reputation or opinion evidence of a witness's character for truthfulness only if character witness is acquainted with witness, his community, and circles in which he has moved.
Sixth Amendment Confrontation Clause
Sixth Amendment Confrontation Clause
Crawford v. Washington; for out-of-court statement to be admitted into evidence, the witness must be unavailable and the defendant must have had a prior opportunity to cross-examine the declarant.
Hypnotism Not Allowed To Refresh Memory
Hypnotism Not Allowed To Refresh Memory
State v. Moore; The hypnotically refreshed testimony of a witness in a criminal trial is generally inadmissible.
Judicial Notice of Fact
Judicial Notice of Fact
Fielding v. State; When a court takes judicial notice of a fact in a criminal case, the court must instruct the jury that it may, but is not required to, accept as conclusive any fact so judicially noticed; directed verdict; harmless error; jury instruction.
Crime Fraud Exception
Crime Fraud Exception
United States v. Zolin; The court should undertake an in camera review of evidence to determine if the crime-fraud exception will bar a claim of attorney-client privilege.
Marital Privilege
Marital Privilege
United States v. Montgomery; the marital communications privilege applies to all private communications between spouses in a valid marriage unless evidence shows they were not intended to be confidential.
Unavailable Witness
Unavailable Witness
United States v. Duenas; similar motive to cross-examine required; former testimony inadmissible; deceased declarant; hearsay rule.
Improper Testimony
Improper Testimony
United States v. Moore; admission of improper testimony does not always result in reversal of conviction; inadmissible evidence; appeal; corroborating evidence.