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Ventris argument

Kansas v. Ventris was argued this morning. The Court was somewhat cold, and it was hard to judge how the Court is leaning (I don't think Souter or Kennedy asked a question). The transcript is available by now, but my quick thought is that the important point is whether the Sixth Amendment violation occurs during the illegal interrogation (by the snitch) or if the violation is when the evidence is admitted at trial for impeachment. Scalia seemed hesitant to encourage a constitutional violation (admitting the evidence at trial) just to prevent possible perjury. Alito specifically asked when the violation occured, as did another Justice. More analysis may follow later.

Full post as published by Kansas Defenders on January 21, 2009 (boomark / email).