|
RED LIGHT
CAMERAS
|
|
www.highwayrobbery.net
|
|
Added 7-12-11 US
Supreme Court Decisions These cases can be cited as precedent in other cases.
Melendez-Diaz (2009) Article, with Link to
Decision
Bullcoming (2011) An attorney
provided the following explanation of the significance of
Bullcoming: "The Bullcoming opinion says that out
of
court statements may not
be introduced against the accused at trial unless the witness who made
the written statements are unavailable at trial and the defendant had a
chance to cross examine them before trial. The
decision essentially
says that it is a violation of one's right to confront your accusers
when the people who make the evidence against you aren't actually in
court to be cross examined. Bullcoming is important for anyone
with an
automated enforcement ticket because it is a U.S. Supreme Court
decision that can be used to help persuade the court to prevent the
testimony of the in-court expert (usually a police officer or
representative of the red light camera company) and to exclude the
prosecution's evidence packet (or parts thereof) unless the actual
people who made the declarations and documentary evidence in the packet
(certifications, maintenance records, reports, and even the citation
itself which is signed by an out of court witness) are also available
at trial for cross examination, which, in red light cases, they seldom
are."
Courtesy of Arthur F. Tait III, Esq., Arthur@TaitLawFirm.com, 1-888-7-FIGHTERS
These materials
may be freely copied and distributed, so long
as credit is given
to highwayrobbery.net . Many other cases and /or
transcripts are available - see the Index to
Transcripts, Briefs, and Court Decisions.
--------------------------------- |