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Hemphill v. State of New York
Brief of Amicus Curiae National Association Of Criminal Defense Lawyers In Support Of Petitioner.
Argument: When a defendant opens the door to responsive evidence, he does not also forfeit his right to exclude evidence otherwise barred by the Confrontation Clause. The New York rule chills vital defense arguments. The New York rule forces defendants into a Hobson’s choice between constitutional rights. The New York rule undermines the institution of the criminal trial.
Hemphill v. New York
Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Petition for Writ of Certiorari.
Argument: Broad forfeiture rules chill vital defense arguments. Broad forfeiture rules force defendants into a Hobson’s choice between constitutional rights. Broad forfeiture rules undermine the institution of the criminal trial. NACDL submits this brief in support of the petition for certiorari because the issue presented in this case—whether a criminal defendant who “opens the door” to responsive evidence also forfeits the right to exclude evidence otherwise barred by the Confrontation Clause—is of paramount importance to criminal defense attorneys throughout the country and the clients they represent.