|Apr 22, 2008
|Jun 25, 2008
Holding: The California Supreme Court's theory of forfeiture by wrongdoing is not an exception to the Sixth Amendment's confrontation requirement because it was not an exception established at the founding.
Judgment: Vacated and remanded, 6-3, in an opinion by Justice Antonin Scalia on June 25, 2008. Justice Scalia delivered the opinion of the Supreme Court, except as to Part II-D-2. Chief Justice Roberts and Justices Thomas and Alito joined that opinion in full, and Justices Souter and Ginsburg joined as to all but Part II-D-2. Justice Thomas and Justice Alito filed concurring opinions. Justice Souter filed an opinion concurring in part, in which Justice Ginsburg joined. Justice Breyer filed a dissenting opinion, in which Justices Steven and Kennedy joined.
Merit briefs (via ABA)