The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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State v. Lebrick

Docket: SC20083

Opinion Date: January 28, 2020

Judge: Ecker

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the judgment of the Appellate Court affirming Defendant's judgment of conviction and remanded the case for a new trial, holding that the admission of certain testimony during trial violated Defendant's constitutional right of confrontation. Defendant was convicted of felony murder and related crimes. Defendant appealed, arguing that the testimony of two witnesses was improperly admitted under the Connecticut Code of Evidence and the confrontation clause of the Sixth Amendment. The Appellate Court affirmed. The Supreme Court reversed, holding (1) the former testimony of one of the witnesses was improperly admitted because the State failed to demonstrate that Defendant was unavailable within the meaning of the confrontation clause because the State failed to establish that it undertook a reasonable, diligent, and good faith effort to locate the witness prior to Defendant's trial; and (2) the admission of the testimony of the other witness was constitutional.