** Our February 9th CLE on Litigation Confrontation Clause Issues will be held in person in the Jury Assembly Building at 1201 Congress - Room One. Please register via Zoom. We will make every attempt to live stream and record this presentation. **
First, Ted wood will be discussing the 2004 landmark case of Crawford v. Washington. We will review the law regarding the Confrontation Clause as it existed before Crawford. We will then review the historical underpinnings of the Confrontation Clause as explained by Justice Scalia in his opinion in Crawford. Second, Ted will be through a full-color flow chart and an accompanying commentary on how to analyze Confrontation Clause issues. Third, we will spend a good amount of time talking specifically about 911 calls in domestic violence cases. We will go over two appellate cases—both from the First Court of Appeals— that reach different results on virtually the same facts. Fourth, we will reserve some time at the end to practice using the flowchart. We can practice by discussing fact situations with which audience member are confronted. We can discuss how to argue that the evidence in question is testimonial.