Supreme Court Takes A Bite out of Confrontation Clause
In a split decision today, the Supreme Court has ruled a dying man's identification of his killer is admissible evidence and does not violate the Sixth Amendment's Confrontation Clause. The opinion (available here) was written by Justice Sotomayor.
Covington’s identification and description of the shooter and the location of the shooting were not testimonial statements because they had a “primary purpose . . . to enable police assistance to meet an on-going emergency.”
Justices Ginsberg and Scalia were among the dissenters. Scalia's dissent is particularly harsh. He points out that the statement was not taken for safety in an emergency situation, but for investigation of a crime:
"Today's tale...is so transparently false that professing to believe it demeans this institution,"
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