The State Courts Don't Have Time for Your Crackpot Antiquarianism: A Decade of Domestic Homicides Since Giles v. California

Publication Title

Cornell Law Review

Document Type

Article

Publication Date

9-2021

Abstract

This article presents the first comprehensive review of the 114 domestic homicide cases since Giles in which there was an intimate relationship between the victim and the accused, and the victim had made statements that were sought to be introduced against the defendant. In general, the courts were not overtly critical of Giles, although they also seemed entirely uninterested in its originalist underpinnings. Yet they managed to overturn very few convictions. Whether they were simply tuning out what they perceived to be Supreme Court posturing and getting on with business as usual, or merely following the facts and the law where these took them, the lower courts' response to Giles makes for an interesting case study in what happens when the Supreme Court issues rules that the lower courts disagree with.

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Recommended Citation

Caren M. Morrison, The State Courts Don't Have Time for Your Crackpot Antiquarianism: A Decade of Domestic Homicides Since Giles v. California, 106 Cornell L. Rev. 1539 (2021)

Volume

106

First Page

1539

Last Page

1599

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