Second Circuit -- United States v. James and Mallay

Extended Confrontation Clause discussion.  (Must-read.)  

A document is testimonial when prepared for use at a trial -- autopsy reports weren't, ergo not hearsay.

No error in exclusion of contradictory closing by prosecutors in another case, as there was a preponderance of evidence indicating an innocent explanation.

No error in limitation of cross on collateral inconsistent statements.

No error in denial of severance, as the potentially prejudicial issue was probative as to the racketeering charge.

Dicta - sealed indictment on another matter didn't implicate Confrontation Clause for taping of statements to CI.

Second taped statement in, as the stipulated dispute among the conspiracy was a sign of its viability, not its end.  [The opposite of conspiracy is not hate but indifference, perhaps.]

Post-trial letter alleging AUSA witness coercion not enough for evidentiary hearing.

United States v. James and Mallay