Medina v. Arizona

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (On Petition for Writ of Certiorari).

Brief filed: 01/21/2014

Documents

Medina v. Arizona

United States Supreme Court; Case No. 13-735

Prior Decision

Decision below 232 Ariz. 391, 306 P. 3d 48 (Ariz. Aug. 22, 2013).

Argument(s)

Autopsy procedures are not standardized and incorporate evidence beyond that obtained from the body, including evidence provided by the police. Autopsy reports convey circumstantial evidence as authoritative and fail to reflect internal dissent. Medical examiners view themselves as advocates for the dead The nature of autopsy reports marks them as testimonial and hence subject to the strictures of the Confrontation Clause.

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Author(s)

Robert N. Hochman, Sidley Austin LLP, Chicago, IL; Jeffrey T. Green and Sean R. Dickson, Sidley Austin LLP, Washington, DC; David Porter, Sacramento, CA; Sarah O’Rourke Schrup, Northwestern University Supreme Court Practicum, Chicago, IL.