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If It Walks Like a Duck, Talks Like a Duck, and Looks Like a Duck, then it's Probably Testimonial
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The Army Lawyer
- Article date:
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June 1, 2008
- Author:
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Copyright informationCopyright Superintendent of Documents Jun 2008. Provided by ProQuest LLC. (Hide copyright information)
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Introduction
The three most prominent current issues in Sixth Amendment jurisprudence in the military are determining whether a hearsay statement is testimonial or nontestimonial, whether lab reports should be considered testimonial, and whether nontestimonial statements implicate the Confrontation Clause at all. The Court of Appeals for the Armed Forces (CAAF) decided cases addressing the first two issues last term, and the Supreme Court clarified the third. This article addresses each issue in turn, after briefly describing the Sixth Amendment background.
Background
The Sixth Amendment Confrontation Clause landscape changed abruptly in 2004 with the Supreme Court opinion in Crawford v. ...
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