Skip to main content
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.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -