A Game of \u3cem\u3eKatso\u3c/em\u3e and Mouse: Current Theories for Getting Forensic Analysis Evidence Past the Confrontation Clause

The Sixth Amendment’s Confrontation Clause ensures that an “accused” in a “criminal prosecution[]” has the right “to be confronted with the witnesses against him [.]” Although perhaps a simple concept, defining the scope of confrontation rights has proved extremely difficult. The law has had particular difficulty scoping confrontation rights in forensic analysis cases, such as those where the prosecution seeks to utilize a laboratory report of DNA, blood alcohol content, narcotics, or other “CSI” type analysis. In this connection, Justice Gorsuch recently authored an opinion dissenting from denial of certiorari in Stuart v. Alabama, in which he recognized the “decisive role” of forensic evidence in modern criminal trials, but decried the lack of clarity in this area of law. The purpose of this Article is to analyze modern Confrontation Clause and forensic analysis jurisprudence, and to present six theories or gateways through which to argue that forensic analysis evidence is admissible consistent with the Clause. The theories presented in this Article are not intended to be employed individually, but rather combined to diminish the possibility that the Confrontation Clause will necessitate exclusion. To aid in the presentation of these theories, the Article will discuss the recent illustrative cases of U.S. v. Katso and Stuart v. Alabama, and explore how local stakeholders might utilize Katso-like reasoning to support their positions

Confronting Memory Loss

The Confrontation Clause of the Sixth Amendment grants “the accused” in “all criminal prosecutions” a right “to be confronted with the witnesses against him.” A particular problem occurs when there is a gap in time between the testimony that is offered, and the cross-examination of it, as where, pursuant to a hearsay exception or exemption, evidence of a current witness’s prior statement is offered and for some intervening reason her current memory is impaired. Does this fatally affect the opportunity to “confront” the witness? The Supreme Court has, to date, left unclear the extent to which a memory-impaired witness can afford a criminal defendant her right to confront. Would, for instance, it be of any value to permit a defendant the opportunity to cross-examine a witness claiming no recollection of having seen the crime or identified the defendant as the perpetrator? Should the right to confront simply imply the ability to look one’s accuser in the eye at trial or should it necessitate some degree of opportunity for substantive cross-examination? Two petitions denied certiorari by the Supreme Court in December 2019—White v. Louisiana and Tapia v. New York—could have permitted the Court to clarify confrontation rights in memory loss cases. The purpose of this Article is to identify and discuss eight key issues arising in connection with memory impairment in Confrontation Clause witnesses. Although the Court chose not to put these issues to bed in the context of White or Tapia, these are the issues we anticipate federal and state courts will be called upon to answer in the coming years, and we suspect the Supreme Court will eventually need to answer them

Serre Duality, Abel's Theorem, and Jacobi Inversion for Supercurves Over a Thick Superpoint

The principal aim of this paper is to extend Abel's theorem to the setting of complex supermanifolds of dimension 1|q over a finite-dimensional local supercommutative C-algebra. The theorem is proved by establishing a compatibility of Serre duality for the supercurve with Poincare duality on the reduced curve. We include an elementary algebraic proof of the requisite form of Serre duality, closely based on the account of the reduced case given by Serre in Algebraic Groups and Class Fields, combined with an invariance result for the topology on the dual of the space of repartitions. Our Abel map, taking Cartier divisors of degree zero to the dual of the space of sections of the Berezinian sheaf, modulo periods, is defined via Penkov's characterization of the Berezinian sheaf as the cohomology of the de Rham complex of the sheaf D of differential operators, as a right module over itself. We discuss the Jacobi inversion problem for the Abel map and give an example demonstrating that if n is an integer sufficiently large that the generic divisor of degree n is linearly equivalent to an effective divisor, this need not be the case for all divisors of degree n.Comment: 14 page

WILLS, TRUSTS, AND ADMINISTATION OF ESTATES Wills: Effect of Gifts to Subscribing Witnesses

The Act amends Georgia law regarding whether witnesses to a will may take under the will by adopting a supernumerary rule

WILLS, TRUSTS, AND ADMINISTATION OF ESTATES Wills: Effect of Gifts to Subscribing Witnesses

The Act amends Georgia law regarding whether witnesses to a will may take under the will by adopting a supernumerary rule

PROPERTY Estates: The Uniform Statutory Rule Against Perpetuities

The Act strikes Georgia\u27s Rule Against Perpetuities and adopts the Uniform Statutory Rule Against Perpetuities

Finite mixtures of matrix-variate Poisson-log normal distributions for three-way count data

Three-way data structures, characterized by three entities, the units, the variables and the occasions, are frequent in biological studies. In RNA sequencing, three-way data structures are obtained when high-throughput transcriptome sequencing data are collected for n genes across p conditions at r occasions. Matrix-variate distributions offer a natural way to model three-way data and mixtures of matrix-variate distributions can be used to cluster three-way data. Clustering of gene expression data is carried out as means to discovering gene co-expression networks. In this work, a mixture of matrix-variate Poisson-log normal distributions is proposed for clustering read counts from RNA sequencing. By considering the matrix-variate structure, full information on the conditions and occasions of the RNA sequencing dataset is simultaneously considered, and the number of covariance parameters to be estimated is reduced. A Markov chain Monte Carlo expectation-maximization algorithm is used for parameter estimation and information criteria are used for model selection. The models are applied to both real and simulated data, giving favourable clustering results

Factorization, Power Corrections, and the Pion Form Factor

This letter is an investigation of the pion form factor utilizing recently developed effective field theory techniques. The primary results reported are: Both the transition and electromagnetic form factors are corrected at order $\Lambda/Q$. However, these corrections only arise due to time ordered products which are sensitive to soft components of the pion. The usual higher twist wave function corrections contribute only at order $\Lambda^2/Q^2$, when the quark mass vanishes. In the case of the electromagnetic form factor the $\Lambda/Q$ power correction is enhanced by a power of $1/\alpha_s(Q)$ relative to the leading order result of Brodsky and Lepage, if the scale $\sqrt{\Lambda Q}$ is non-perturbative. This enhanced correction could explain the discrepancy with the data.Comment: Published, extended, versio