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To: maggief

Thanks for the ping!

BTW what does "non-testimonial" mean in the context of these docs.


503 posted on 06/09/2006 11:25:06 AM PDT by Protect the Bill of Rights
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To: Protect the Bill of Rights

If a statement is "non-testimonial," its admission in a criminal trial is left "to regulation by hearsay law...


http://www.nesl.edu/csr/svnewsold/Cases/FOWLER_v._Indiana.htm

HN5 Under the United States Supreme Court's Crawford decision, a Sixth Amendment Confrontation Clause analysis is whether a particular statement is testimonial or non- testimonial in nature, and not whether the statements offered into evidence fall into a well-rooted hearsay exception, such as the excited utterance exception. However, the Crawford decision expressly declines to define what a testimonial statement is.

http://72.14.209.104/search?q=cache:RlpmWgWT2iIJ:www.tdcaa.com/DocumentRoot/State%2520v.%2520Forrest-596%2520S.E.2d%252022%2520(N.C.).doc+%22non+testimonial%22+statements+north+carolina&hl=en&gl=us&ct=clnk&cd=5&client=firefox-a


506 posted on 06/09/2006 11:33:42 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Protect the Bill of Rights

It means other than oral testimony/evidence. It's an order to collect materials for evidence that does not consist of oral testimony. In this case, it was for the DNA swabs.


817 posted on 06/09/2006 5:14:53 PM PDT by Jezebelle
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