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A Better Partnership
December 21, 2008

Introduction of non-testimonial hearsay does not violate the Confrontation Clause

In an opinion issued December 19, 2008, the Michigan Supreme Court overruled People v. Poole, 444 Mich. 151; 506 N.W.2d 505 (1993), which had held that the admissibility of a codefendant's nontestimonial hearsay statement is governed by both MRE 804(b)(3) and the Confrontation Clause of the United States Constitution. The rule in Poolethat such testimony must also satisfy limits of admissibility imposed by the Confrontation Clause—had been premised on the U.S. Supreme Court's ruling in Ohio v. Roberts, 448 U.S. 56 (1980), which the U.S. Supreme Court has since overruled. A copy of the opinion can be found here: People v. Taylor.

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