Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

Michigan v. Bryant

Docket No. Op. Below Argument Opinion Vote Author Term
09-150 Mich. S.Ct. Oct 5, 2010
Tr.Aud.
Feb 28, 2011 6-2 Sotomayor OT 2010
 
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Holding: A statement given to police by a wounded crime victim identifying the person who shot him may be admitted as evidence at the trial if the victim dies before trial and thus does not appear. Because the primary purpose of the interrogation was to enable police to deal with an ongoing emergency, the statements resulting from that interrogation were not testimonial and could be admitted without violating the Confrontation Clause. (Kagan, J., recused).

Plain English Holding: A statement given to police by a wounded crime victim identifying the person who shot him is nontestimonial, and thus may be admitted as evidence at the trial without violating the Confrontation Clause even though the victim has died and thus cannot appear, because the primary purpose of the interrogation was to enable police to deal with an ongoing emergency. (Kagan, J., recused).

Plain English Summary:

Judgment: Vacated and Remanded, 6-2, in an opinion by Justice Sonia Sotomayor on February 28, 2011. Justice Scalia and Justice Ginsburg each filed separate dissents. Justice Kagan did not take part in the decision.

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