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Bryant reversed

By Richard D. Friedman

I have been out of electronic contact most of the day; presumably many readers already know that the Supreme Court reversed the decision in Michigan v. Bryant. A very unfortunate result. The vote was 6-2, per Justice Sotomayor (a surprise to me); the basis of the decision was that the primary purpose of the statements was to resolve an ongoing emergency (also a surprise to me). Justices Scalia and Ginsburg wrote separate dissents; Justice Scalia said that the decision leaves Confrontation Clause doctrine in ?a shambles?. I will write more after I have had a chance to read and absorb the opinions.

Full post as published by The Confrontation Blog on February 28, 2011 (boomark / email).