This second of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

This first of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

A thorough understanding of Crawford and Bruton issues is crucial for criminal defense lawyers. The Confrontation Clause area, however, can seem daunting and riddled with contradictory Supreme Court decisions. This presentation demystifies Crawford and Bruton and provides defense lawyers a clear and systematic method of tackling Confrontation Clause issues.

The decades-long war on drugs distorted evidence law in drugs and guns cases leaving it littered with landmines for defense lawyers.  This presentation will provide an approach for tackling the pervasive challenges defense lawyers face in drugs and guns cases such as co-conspirator statements, prior bad acts, and questionable government expert evidence.

Powerpoint slides by Wendy Bach and Stephen Ross Johnson. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023

The National Association of Criminal Defense Lawyers is pleased to submit our comments on the proposed amendments to Rules 611, 613, 804 and 1006 of the Federal Rules of Evidence.

The National Association of Criminal Defense Lawyers is pleased to submit our comments with respect to the proposed changes in the Federal Rules of Evidence.

The National Association of Criminal Defense Lawyers opposes the proposed amendment to Fed. R. Evid. 801(d)(1)(A). The amendment would permit the substantive use of unsworn and presumptively unreliable out-of-court statements. The amendment would thus mark a sharp break with other exceptions to the hearsay rule, which generally require circumstantial assurances of reliability. There is no identified need that would justify such a striking impingement on the trial's truth-seeking function.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 803(10) of the Federal Rules of Evidence.

Letter to the Judicial Conference Committee on Practice & Procedure regarding proposed changes to the Federal Rules of Evidence.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.

Amicus curiae brief of the National Association of Criminal Defense Lawyers, the National Association of Federal Defenders and National College for DUI Defense in support of Petitioner.

Amici curiae brief of the Public Defender Service for the District of Columbia and the National Association of Criminal Defense Lawyers in support of Petitioner.