dutton
evans
argued
october
decided
december
appellee
convicted
murder
following
trial
one
shaw
testified
objection
concerning
statement
williams
alleged
accomplice
made
prison
incarcerated
williams
return
arraignment
appellee
prosecution
witnesses
one
another
alleged
accomplice
gave
detailed
eyewitness
testimony
crime
participation
appellee
williams
therein
shaw
testimony
admitted
georgia
statute
construed
georgia
allows
evidence
coconspirator
statement
made
concealment
phase
conspiracy
following
affirmance
conviction
georgia
appellee
brought
habeas
corpus
proceeding
federal
district
denied
writ
appeals
reversed
holding
georgia
statute
violated
appellee
right
confrontation
secured
sixth
fourteenth
amendments
appellee
contends
georgia
hearsay
exception
unconstitutional
since
differs
hearsay
exception
applicable
conspiracy
trials
federal
courts
applies
statement
coconspirator
made
course
furtherance
conspiracy
held
judgment
reversed
pp
reversed
justice
stewart
joined
chief
justice
justice
white
justice
blackmun
concluded
coconspirator
hearsay
exception
applied
georgia
invalid
confrontation
clause
sixth
amendment
applied
fourteenth
merely
coincide
narrower
exception
applicable
federal
conspiracy
trials
results
sixth
amendment
exercise
power
respecting
federal
law
evidence
pp
circumstances
case
admission
evidence
williams
statement
result
denial
appellee
confrontation
right
since
statement
bore
indicia
reliability
fully
warranted
placed
jury
pp
justice
harlan
concluded
exceptions
rule
hearsay
must
evaluated
confrontation
clause
designed
cope
many
factors
involved
passing
evidentiary
rules
due
process
standards
fifth
fourteenth
amendments
thus
evaluated
georgia
statute
constitutional
applied
case
since
declaration
interest
involved
evinces
likelihood
trustworthiness
exclusion
evidence
therefore
essential
fair
trial
pp
alfred
evans
assistant
attorney
general
georgia
reargued
cause
appellant
brief
arthur
bolton
attorney
general
marion
gordon
mathew
robins
assistant
attorneys
general
robert
thompson
reargued
cause
filed
brief
appellee
solicitor
general
griswold
invitation
argued
cause
amicus
curiae
reargument
brief
assistant
attorney
general
wilson
jerome
feit
beatrice
rosenberg
roger
pauley
justice
stewart
announced
judgment
opinion
chief
justice
justice
white
justice
blackmun
join
early
april
morning
three
police
officers
brutally
murdered
gwinnett
county
georgia
bodies
found
hours
later
handcuffed
together
pine
thicket
multiple
gunshot
wounds
back
head
many
months
investigation
georgia
authorities
charged
appellee
evans
two
men
wade
truett
venson
williams
officers
murders
evans
williams
indicted
grand
jury
truett
granted
immunity
prosecution
return
testimony
evans
pleaded
guilty
exercised
right
georgia
law
tried
separately
jury
trial
convicted
murder
sentenced
death
judgment
conviction
affirmed
georgia
denied
certiorari
evans
brought
present
habeas
corpus
proceeding
federal
district
alleging
among
things
denied
constitutional
right
confrontation
trial
district
denied
writ
appeals
fifth
circuit
reversed
holding
georgia
indeed
denied
evans
right
guaranteed
sixth
fourteenth
amendments
confronted
witnesses
judgment
appeal
brought
noted
probable
jurisdiction
case
originally
argued
last
term
set
reargument
order
understand
context
constitutional
question
us
brief
review
proceedings
evans
trial
necessary
principal
prosecution
witness
trial
truett
alleged
accomplice
granted
immunity
truett
described
length
detail
circumstances
surrounding
murder
police
officers
testified
along
evans
williams
engaged
switching
license
plates
stolen
car
parked
back
road
gwinnett
county
accosted
three
police
officers
youngest
officers
leaned
front
evans
inspect
ignition
switch
car
evans
grabbed
officer
gun
holster
evans
williams
disarmed
officers
gunpoint
handcuffed
three
together
took
officers
woods
killed
firing
several
bullets
bodies
extremely
close
range
addition
truett
witnesses
testified
prosecution
defense
counsel
given
full
opportunity
witness
exercised
opportunity
respect
one
prosecution
witnesses
man
named
shaw
testified
williams
fellow
prisoners
federal
penitentiary
atlanta
georgia
time
williams
brought
gwinnett
county
arraigned
charges
murdering
police
officers
shaw
said
williams
returned
penitentiary
arraignment
asked
williams
make
williams
responded
dirty
alex
evans
defense
counsel
objected
introduction
testimony
upon
ground
hearsay
thus
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evans
right
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overruled
counsel
shaw
length
testimony
shaw
relating
said
williams
told
admitted
georgia
trial
admission
upheld
georgia
upon
basis
georgia
statute
provides
fact
conspiracy
shall
proved
declarations
one
conspirators
pendency
criminal
project
shall
admissible
appellate
put
rule
long
conspiracy
conceal
fact
crime
committed
identity
perpetrators
offense
continues
parties
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considered
much
unit
declarations
either
admissible
defendant
williams
time
statement
made
still
concealing
identity
keeping
secret
fact
killed
deceased
denying
guilt
evidence
sufficient
establish
prima
facie
case
conspiracy
steal
automobile
killing
deceased
conspirators
carrying
conspiracy
statement
williams
made
actual
commission
crime
conspiracy
continued
admissible
citations
omitted
admission
testimony
witness
shaw
formed
basis
appellee
claim
present
habeas
corpus
proceeding
denied
constitutional
right
confrontation
georgia
trial
upholding
claim
appeals
fifth
circuit
regarded
duty
interpret
framers
original
concept
light
historical
developments
also
translate
terms
constitutional
boundaries
hearsay
rule
footnotes
omitted
upheld
appellee
constitutional
claim
find
salient
cogent
reasons
exception
hearsay
rule
georgia
applied
present
case
exception
pointed
broader
applicable
conspiracy
trials
federal
courts
question
us
whether
circumstances
case
appeals
correct
holding
evans
murder
conviction
set
aside
admission
shaw
testimony
considering
question
start
recognizing
squarely
held
sixth
amendment
right
accused
confront
witnesses
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right
made
obligatory
fourteenth
amendment
pointer
texas
see
also
douglas
alabama
brookhart
janis
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page
roberts
russell
illinois
allen
california
green
beginning
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argued
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requires
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witness
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dowdell
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kirby
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scope
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fellow
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statement
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course
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california
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task
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say
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georgia
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ii
argued
alternatively
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evans
conviction
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set
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recent
decisions
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state
convictions
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right
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cases
upon
appellee
evans
primarily
relies
pointer
texas
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douglas
alabama
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brookhart
janis
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page
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preliminary
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phillips
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made
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years
ago
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massachusetts
justice
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custody
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atlanta
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prison
hospital
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hall
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ordinary
window
glass
piece
steel
mesh
impede
talking
door
one
talks
normal
voice
talks
door
shaw
conceded
testified
williams
earlier
trial
made
reference
glass
opening
door
carmen
david
mabry
called
state
testified
public
health
service
stationed
atlanta
penitentiary
described
opening
door
williams
room
said
contained
glass
wire
mesh
heavy
steel
mesh
never
tried
talk
door
knowledge
never
heard
people
talking
door
years
hospital
glass
door
hospital
records
disclosed
loss
understand
normal
jury
must
assume
one
led
believe
let
alone
influenced
astonishing
account
shaw
conversation
williams
normal
voice
closed
hospital
room
door
note
also
fifth
circuit
description
shaw
testimony
somewhat
incredible
possessing
basic
incredibility
saying
fully
aware
fifth
circuit
panel
went
observe
cited
convinced
called
harmless
justice
quillian
sole
dissent
direct
appeal
georgia
stated
obviously
prejudicial
defendant
however
neither
georgia
superior
judge
tried
case
federal
district
judge
held
hearing
evans
petition
federal
habeas
concluded
prejudicial
error
present
also
know
attitude
georgia
majority
decided
issue
strictly
upon
pronounced
limits
georgia
hearsay
rule
presumably
occasion
touch
upon
alternative
ground
harmlessness
usually
refrain
passing
upon
issue
kind
adversely
federal
appeals
trial
judges
rule
suppose
free
draw
upon
cold
record
appellate
add
observation
corroboration
marion
calvin
perry
another
federal
prisoner
one
admitted
numerous
past
convictions
including
larceny
automobiles
testified
without
objection
known
williams
evans
years
truett
two
years
spoke
williams
evans
days
prior
murders
three
police
officers
williams
owed
money
williams
talked
telephone
bout
stealing
cars
williams
told
alex
evans
know
kind
car
williams
want
days
later
alex
talked
cars
told
want
mess
venson
williams
evans
said
got
said
get
seven
eight
days
murders
williams
asked
telephone
whether
perry
still
oldsmobile
switch
week
murders
argued
evans
much
receive
stolen
car
six
days
murders
saw
evans
filling
station
talked
murders
said
wanted
know
see
mine
friend
evans
got
mad
hell
told
thought
knowed
anything
keep
damn
mouth
shut
another
witness
lawrence
hartman
testified
red
oldsmobile
hardtop
stolen
home
atlanta
night
april
murders
took
place
early
morning
april
went
testify
oldsmobile
found
burning
near
scene
tragedy
automobile
testimony
record
earlier
acquisition
evans
williams
another
wrecked
oldsmobile
like
model
color
towing
damaged
car
wrecker
manned
williams
evans
replacement
good
tires
chevrolet
occupied
williams
evans
truett
recapped
tires
purchased
record
testimony
seems
bears
directly
positively
conspiracy
accomplishments
provides
indisputable
confirmation
evans
role
requirements
georgia
corroboration
rule
fully
satisfied
shaw
incredible
remark
fades
practical
legal
insignificance
error
one
exists
harmless
beyond
reasonable
doubt
chapman
california
harrington
california
justice
harlan
concurring
result
surprisingly
difficult
constitutional
issue
presented
case
produced
multiple
opinions
justice
stewart
finds
shaw
testimony
admissible
wholly
unreal
suggest
weakened
effect
williams
statement
jury
mind
justice
blackmun
concurring
view
finds
admission
statement
harmless
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shaw
testimony
obviously
fabricated
normal
jury
given
credence
justice
marshall
answers
suggestions
satisfaction
adopts
position
accept
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prevent
prosecution
introducing
statement
accomplice
unless
opportunity
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circumstances
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made
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whether
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prevent
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law
evidence
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prosecutions
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prosecutions
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dissenting
appellee
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convicted
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trial
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shaw
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