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Prosecutors' Liability Tactics Under Review

Publication Date: 
November 03, 2008
The National Law Journal
Marcia Coyle

Professor Jeffrey L. Fisher is quoted in a National Law Journal article about two cases "with huge implications for the rights of defendants and the role of prosecutors" currently in front of the Supreme Court:

"Our position in this is the closest modern equivalent to trial by affidavit that we have," said Jeffrey Fisher of Stanford Law School, high court counsel to Melendez-Diaz. "Whatever testimonial means, this one is squarely in the wheelhouse."

The reports are formal, sworn statements, Fisher said, exactly the kind of "solemn declaration[s] or affirmation[s] made for the purpose of establishing or proving some fact" that the court has characterized as testimonial.