Tuesday, October 05, 2010

Bryant Transcript

The Supreme Court held argument today in Michigan v. Bryant. You can read the transcriupt by clicking here. I will post some comments on the argument, tonight or tomorrow.

1 comment:

paul said...

It appears as though Breyer, Alito & Kennedy are questioning the validity of Crawford's testimonial approach.

Breyer, in particular, seems to question whether history supports Crawford. He seems to want to limit the scope of the CC to, what he calls, the "Raleigh situation" -- statements obtained by government coercion for purpose of prosecution.

Alito, Roberts & Kennedy, to the extent they will adhere to Crawford and Davis, appear inclined to define the term "ongoing emergency" broadly to encompass the situation in Bryant.

I see a 5 (Breyer, Alito, Kennedy, Roberts & Thomas)-3 (Scalia, Ginsburg & Sotomayor) opinion reversing the Michigan Supreme Court.

It will be interesting to see what Breyer, Alito & Kennedy state regarding the purpose & scope of the CC. And whether any of their opinions undermine the Crawford approach.