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Articles

A tool for white collar practitioners: Supreme Court trilogy breathes new life into Confrontation Clause defense

August 6, 2013

Articles

A tool for white collar practitioners: Supreme Court trilogy breathes new life into Confrontation Clause defense

August 6, 2013

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The Sixth Amendment provides that an accused has the right to be confronted with the witnesses against him or her. But, in both blue and white collar cases, prosecutors regularly seek to admit evidence and opinions from non-testifying experts in a variety of ways – which can circumvent the Sixth Amendment’s Confrontation Clause guarantee.

Things might be changing. As discussed in an article that I co-authored with Caroline K. Simons, Jaclyn Essinger, and Matthew Knowles, the United States Supreme Court has issued several recent cases that breathe new life into the ability to challenge the admission of evidence from non-testifying experts under the Confrontation Clause. These cases are particularly noteworthy because of the increased use of forensic experts in white collar cases. The article, which includes related practice tips for white collar practitioners, can be accessed here.

On Fish’s Litigation Blog we continue to cover need-to-know developments that impact white collar matters and can be followed on our blog’s white collar section.

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