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Important S. Ct. News and some 10th Cir. cases.

By Shari Allison

First, the S. Ct.:Michigan v. Bryant, 2011 WL 676964 (2/28/11) - By a 6-2 vote [Justice Kagan recusing], with Justice Sotomayor writing for the majority and Justices Scalia and Ginsburg dissenting,the S. Ct. explains further what it means by "testimonial" under Crawford and it's not a pretty picture. The S. Ct. applies the test it set out in Davis v. Washington, 547 U.S. 813 (2006): whether the circumstances of the interaction between the declarant and the police objectively indicate the primary purpose of the interrogation was to enable police assistance to meet an ongoing emergency and not to create a record for trial. In the application of the test, as Justice Scalia points out, the majority seems to ignore reality. In this case, the declarant was shot through the front door of the defendant's home and found 25 minutes later a few blocks away bleeding to death at a gas station...continue to full post

Full post as published by Tenth Circuit Blog on March 02, 2011 (boomark / email).