Thursday, June 18, 2015
Clerk reversed
The Supreme Court decided Ohio v. Clark today. You can see the opinions here. The result is a 9-0 reversal in favor of the State. No particular surprise there. Justice Alito wrote the majority opinion. Justice Scalia, joined by Justice Ginsburg, wrote separately, concurring only in the judgment, and Justice Thomas did the same. The majority opinion indicates that statements to private persons or by young children will rarely be testimonial for Confrontation clause purposes, but it does not make a categorical holding on either point. Justice Scalia objects to some of what he regards as anti-Crawford dicta in the majority opinion. More later, probably this evening.
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Exactly what I predicted in my comments on this blog on March 2, 2015 (in response to Professor Friedman's post entitled "The Clark Argument").
Looking forward to Professor Friedman's commentary.
Would particularly like to know what Professor Friedman thinks of Justice Scalia's interpretation of the majority opinion's discussion of the defendant's "burden" in order to get the benefit of the CC's exclusionary rule.
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