SCOTUS hears Wayne County ‘Confrontation Clause’ Case

On Tuesday, the justices of the United States Supreme Court heard arguments in Michigan v Bryant, a Confrontation Clause case out of Wayne County.

The issue involved the police questioning a shooting victim at the scene about the identity and location of the shooter and whether the answers were “testimonial” in nature, and whether police officers can testify about what the victim said.

Only eight of the justices will decide the case. Newly-minted Justice Elena Kagen has recused herself because, as solicitor general, her office submitted an amicus brief supporting the prosecution. [Kagen will recuse herself from a number of cases this term, increasing the chances of ties and rehearings].

The case was argued by Wayne County assistant prosecutor Lori Baughman Palmer and State Appellate Defender’s Office attorney Peter Van Hoek. Transcript of the hearing can be found here. Briefs can be found here if you are so inclined.


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