michigan bryant argued october decided february michigan police dispatched gas station parking lot found anthony covington mortally wounded covington told shot respondent bryant outside bryant house driven lot trial occurred crawford washington davis washington decided officers testified covington said bryant found guilty inter alia murder ultimately michigan reversed conviction holding sixth amendment confrontation clause explained crawford davis rendered covington statements inadmissible testimonial hearsay held covington identification description shooter location shooting testimonial statements primary purpose enable police assistance meet ongoing emergency davis therefore admission bryant trial violate confrontation clause pp crawford held order testimonial evidence admissible sixth amendment demands unavailability prior opportunity crawford spell comprehensive definition noted testimonial evidence includes among things police interrogations ibid thus sylvia crawford statements interrogation stabbing testimonial admission husband accused opportunity due spousal privilege made sixth amendment violation davis hammon domestic violence cases explained tatements nontestimonial made course police interrogation circumstances objectively indicating interrogation primary purpose enable police assistance meet ongoing emergency testimonial circumstances objectively indicate ongoing emergency interrogation primary purpose establish prove past events potentially relevant later criminal prosecution thus recording call describing ongoing domestic disturbance nontestimonial davis victim elicited statements necessary able resolve ongoing emergency statements formal statements hammon testimonial victim interviewed event room separate husband deliberately recounted response police questioning past events context nondomestic dispute ongoing emergency extending beyond initial victim potential threat responding police public context requires additional clarification davis meant primary purpose interrogation enable police assistance meet ongoing emergency pp make primary purpose determination must objectively evaluate circumstances encounter individual police occurs parties statements actions pp primary purpose inquiry objective circumstances encounter occurs near crime scene versus police station ongoing emergency afterwards clearly matters objective fact relevant inquiry parties statements actions subjective actual purpose particular parties purpose reasonable participants ascertained parties statements actions circumstances encounter occurred existence ongoing emergency time encounter among important circumstances informing interrogation primary purpose see davis emergency focuses participants prov ing past events potentially relevant later criminal prosecution end ing threatening situation michigan failed appreciate whether emergency exists ongoing highly inquiry assessment whether emergency threatening police public ongoing narrowly focus whether threat first victim neutralized threat first responders public may continue state also appreciate emergency duration scope may depend part type weapon involved relied davis hammon assailants used fists controlling scope emergency involving gun victim medical condition important primary purpose inquiry extent sheds light victim ability purpose responding police questions likelihood purpose testimonial one also provides important context first responders judge existence magnitude continuing threat victim public mean emergency lasts entire time perpetrator loose trial courts determine first instance interrogation transitions nontestimonial testimonial finally whether ongoing emergency exists simply one factor informing ultimate inquiry regarding interrogation primary purpose another encounter informality formality suggests absence emergency informality necessarily indicate presence emergency lack testimonial intent facts questioning occurred exposed public area emergency medical services arrived disorganized fashion distinguish case crawford formal interrogation pp statements actions declarant interrogators also provide objective evidence interrogation primary purpose looking contents questions answers ameliorates problems arise looking solely one participant since interrogators declarants may mixed motives police officers dual responsibilities first responders criminal investigators may lead act different motives simultaneously quick succession ongoing emergency victims may want threat end may envision prosecution alternatively severely injured victim may purpose answering questions taking account injuries make inquiry subjective inquiry still focuses understanding purpose reasonable victim actual victim circumstances prominently include victim physical state objectively ascertaining primary purpose interrogation examining statements actions participants also consistent prior holdings davis pp circumstances encounter well statements actions covington police objectively indicate interrogation primary purpose enable police assistance meet ongoing emergency circumstances interrogation involved armed shooter whose motive location shooting unknown mortally wounded covington within blocks minutes location police found covington unlike emergencies davis hammon dispute potential scope thus emergency encompassed potential threat police public since case involved gun physical separation sufficient end emergency hammon necessarily sufficient end threat informed circumstances ongoing emergency turns determining primary purpose interrogation evidenced statements actions covington police circumstances encounter provide important context understanding covington statements police responded questions lying gas station parking lot bleeding mortal gunshot wound answers punctuated questions emergency medical services arrive thus say person situation primary purpose establish prove past events potentially relevant later criminal prosecution ibid part police responded call man shot know shooting occurred shooter location anything else crime asked exactly type questions necessary enable meet ongoing emergency ibid nothing covington responses indicated police emergency emergency ended finally situation similar informal harried call davis structured interview crawford officers arrived different times asked upon arrival happened generally conduct structured interrogation informality suggests primary purpose address considered ongoing emergency circumstances lacked formality alerted covington focused possible future prosecutorial use statements pp vacated remanded sotomayor delivered opinion roberts kennedy breyer alito joined thomas filed opinion concurring judgment scalia ginsburg filed dissenting opinions kagan took part consideration decision case michigan petitioner richard perry bryant writ certiorari michigan february justice sotomayor delivered opinion respondent richard bryant trial admitted statements victim anthony covington made police officers discovered mortally wounded gas station parking lot jury convicted bryant inter alia murder appeal michigan held sixth amendment confrontation clause explained decisions crawford washington davis washington rendered covington statements inadmissible testimonial hearsay reversed bryant conviction granted state petition writ certiorari consider whether confrontation clause barred admission trial covington statements police hold circumstances interaction covington police objectively indicate primary purpose interrogation enable police assistance meet ongoing emergency davis therefore covington identification description shooter location shooting testimonial statements admission bryant trial violate confrontation clause vacate judgment michigan remand around april detroit michigan police officers responded radio dispatch indicating man shot scene found victim anthony covington lying ground next car gas station parking lot covington gunshot wound abdomen appeared great pain spoke difficulty police asked happened shot shooting occurred covington stated rick shot around also indicated conversation bryant recognized based voice back door bryant house covington explained turned leave shot door drove gas station police found covington conversation police ended within minutes emergency medical services arrived covington transported hospital died within hours police left gas station speaking covington called backup traveled bryant house find bryant find blood bullet back porch apparent bullet hole back door police also found covington wallet identification outside house trial occurred prior decisions crawford davis police officers spoke covington gas station testified covington told jury returned guilty verdict charges murder felon possession firearm possession firearm commission felony bryant appealed michigan appeals affirmed conviction wl per curiam bryant appealed michigan arguing trial erred admitting covington statements police michigan eventually remanded case appeals reconsideration light decision davis remand appeals affirmed holding covington statements properly admitted testimonial wl mar per curiam bryant appealed michigan reversed conviction michigan bryant argued covington statements police testimonial crawford davis therefore inadmissible state hand argued statements admissible excited utterances michigan rules evidence dispute covington unavailable trial bryant prior opportunity therefore assessed whether covington statements police identifying describing shooter time location shooting testimonial hearsay purposes confrontation clause concluded circumstances clearly indicate purpose questioning establish facts event already occurred purpose enable police assistance meet ongoing emergency explained view covington describing past events primary purpose making statements police tell police committed crime crime committed police find criminal noting officers actions suggest perceived ongoing emergency gas station held fact ongoing emergency distinguished facts case davis held declarant statements call nontestimonial instead analogized case hammon indiana decided jointly davis found testimonial declarant statements police assault see based analysis michigan held admission covington statements constituted prejudicial plain error warranting reversal ordered new trial address whether absent confrontation clause bar statements admission otherwise consistent michigan hearsay rules due majority opinion provoked two dissents held covington statements admissible made circumstances indicating primary purpose assist police addressing ongoing emergency opinion weaver opinion corrigan justice corrigan dissent explained time space onset emergency statements emergency clearly must considered context justice corrigan concluded objective circumstances covington interaction police rendered case similar nontestimonial statements davis testimonial statements crawford granted certiorari determine whether confrontation clause barred admission covington statements ii confrontation clause sixth amendment criminal prosecutions accused shall enjoy right confronted witnesses fourteenth amendment renders clause binding pointer texas ohio roberts explained confrontation right bar admission statements unavailable witness statements bea adequate reliability held reliability established evidence falls within firmly rooted hearsay exception fall within exception bears particularized guarantees trustworthiness ibid nearly quarter century later decided crawford washington petitioner michael crawford prosecuted stabbing man allegedly attempted rape wife sylvia sylvia witnessed stabbing later night husband arrested police interrogated incident trial sylvia crawford claimed spousal privilege testify state introduced tape recording sylvia statement police effort prove stabbing michael crawford claimed washington affirmed crawford conviction found sylvia statement reliable required ohio roberts reversed overruling ohio roberts see also davis crawford examined history confrontation right explained principal evil confrontation clause directed mode criminal procedure particularly use ex parte examinations evidence accused noted england pretrial examinations suspects witnesses government officials sometimes read lieu live testimony light history emphasized word witnesses sixth amendment defining testimony quoting webster american dictionary english language defined testimony solemn declaration affirmation made purpose establishing proving fact quoting webster noted accuser makes formal statement government officers bears testimony sense person makes casual remark acquaintance ibid therefore limited confrontation clause reach testimonial statements held order testimonial evidence admissible sixth amendment demands common law required unavailability prior opportunity although leav ing another day effort spell comprehensive definition crawford noted minimum includes prior testimony preliminary hearing grand jury former trial police interrogations ibid reasoning held sylvia crawford statements course police questioning testimonial admission michael crawford opportunity due spousal privilege sufficient make violation sixth amendment ibid davis washington hammon indiana took step determine precisely police interrogations produce testimony therefore implicate confrontation clause bar explained crawford said law enforcement officers fall squarely within class testimonial hearsay immediately mind case us interrogations solely directed establishing facts past crime order identify provide evidence convict perpetrator product interrogation whether reduced writing signed declarant embedded memory perhaps notes interrogating officer testimonial davis thus made clear davis questioned police witnesses interrogations law enforcement officers crawford subject confrontation davis hammon domestic violence cases davis michelle mccottry made statements issue operator domestic disturbance adrian davis former boyfriend mccottry told operator jumpin usin fists operator asked mccottry davis first last names middle initial point conversation mccottry reported davis fled car mccottry appear davis trial state introduced recording conversation operator hammon decided along davis police responded domestic disturbance call home amy hershel hammon found amy alone front porch ibid appeared frightened told matter ibid quoting hammon state ind gave police permission enter house saw gas heating unit glass front shattered floor one officer remained kitchen hershel another officer talked amy living room happened hershel tried several times participate amy conversation police became angry police required stay separated amy police asked amy fill sign battery affidavit wrote furnace shoved floor broken glass hit chest threw broke lamps phone tore van leave house attacked daughter amy appear hershel trial police officers spoke testified statements authenticated affidavit ibid trial admitted affidavit present sense impression admitted oral statements excited utterances state hearsay rules ibid indiana affirmed hammon conviction holding amy oral statements testimonial admission affidavit although erroneous affidavit testimonial harmless hammon state address facts cases expanded upon meaning testimonial first employed crawford discussed concept ongoing emergency explained statements nontestimonial made course police interrogation circumstances objectively indicating primary purpose interrogation enable police assistance meet ongoing emergency testimonial circumstances objectively indicate ongoing emergency primary purpose interrogation establish prove past events potentially relevant later criminal prosecution davis examining davis hammon statements light definitions held statements issue davis nontestimonial statements hammon testimonial distinguished statements davis testimonial statements crawford several grounds including victim davis speaking events actually happening rather ing past events ongoing emergency elicited statements necessary able resolve present emergency statements formal hammon hand held entirely clear circumstances interrogation part investigation possibly criminal past conduct emergency progress ibid officer questioning amy seeking determine happening rather happened formal enough police interrogated amy room separate husband time events described deliberately recounted response police questioning potentially criminal past events began progressed ibid statements neither cry help provision information enabling officers immediately end threatening situation held testimonial davis attemp produce exhaustive classification conceivable statements even conceivable statements response police interrogation either testimonial nontestimonial basic purpose confrontation clause targe sort abuses exemplified notorious treason trial sir walter raleigh crawford thus important instances clause restricts introduction statements state actors involved formal interrogation witness obtain evidence see even interrogation conducted good faith introduction resulting statements trial unfair accused untested whether formal informal statements evade basic objective confrontation clause prevent accused deprived opportunity declarant statements taken use trial davis primary purpose interrogation respond ongoing emergency purpose create record trial thus within scope clause may circumstances aside ongoing emergencies statement procured primary purpose creating substitute trial testimony making primary purpose determination standard rules hearsay designed identify statements reliable relevant primary purpose exists admissibility statement concern state federal rules evidence confrontation deciding case also requires explanation ongoing emergency circumstance addressed davis davis hammon arose domestic violence context situation immediately mind case us face new context nondomestic dispute involving victim found public location suffering fatal gunshot wound perpetrator whose location unknown time police located victim thus confront first time circumstances ongoing emergency discussed davis extends beyond initial victim potential threat responding police public large new context requires us provide additional clarification regard davis meant primary purpose interrogation enable police assistance meet ongoing emergency iii determine whether primary purpose interrogation enable police assistance meet ongoing emergency davis render resulting statements nontestimonial objectively evaluate circumstances encounter occurs statements actions parties michigan correctly understood inquiry davis uses word objective objectively fewer eight times describing relevant inquiry see see question us davis whether objectively considered interrogation took place course call produced testimonial statements objectively also appears definitions testimonial nontestimonial statements davis established objective analysis circumstances encounter statements actions parties provides accurate assessment primary purpose interrogation circumstances encounter occurs near scene crime versus police station ongoing emergency afterwards clearly matters objective fact statements actions parties must also objectively evaluated relevant inquiry subjective actual purpose individuals involved particular encounter rather purpose reasonable participants ascertained individuals statements actions circumstances encounter recent confrontation clause cases explained existence ongoing emergency time encounter individual police among important circumstances informing primary purpose interrogation see davis crawford existence ongoing emergency relevant determining primary purpose interrogation emergency focuses participants something prov ing past events potentially relevant later criminal prosecution davis rather focuses end ing threatening situation implicit davis idea prospect fabrication statements given primary purpose resolving emergency presumably significantly diminished confrontation clause require statements subject crucible logic unlike justifying excited utterance exception hearsay law statements relating startling event condition made declarant stress excitement caused event condition fed rule evid see also rule evid considered reliable declarant excitement presumably form falsehood see idaho wright basis utterance exception statements given circumstances eliminate possibility fabrication coaching confabulation weinstein berger weinstein federal evidence mclaughlin ed advisory committee notes fed rule evid ongoing emergency similar effect focusing individual attention responding following precedents correctly began analysis circumstances covington interacted police construed davis decided thus employed unduly narrow understanding ongoing emergency davis require first michigan repeatedly incorrectly asserted davis defined emergency see also fact davis even define extent emergency case michigan erroneously read davis deciding statements made defendant stopped assaulting victim left premises occur emergency explicitly explained davis however asked review testimonial nature michelle mccottry initial statements call therefore merely assumed correctness washington holding admission statements harmless without deciding whether subsequent statements also made primary purpose resolving ongoing emergency second assuming davis defined outer bounds ongoing emergency michigan failed appreciate whether emergency exists ongoing highly inquiry see brief amicus curiae davis hammon involved domestic violence known identified perpetrator hammon neutralized threat davis hammon domestic violence cases focused threat victims assessed ongoing emergency perspective whether continuing threat domestic violence cases like davis hammon often narrower zone potential victims cases involving threats public safety assessment whether emergency threatens police public ongoing narrowly focus whether threat solely first victim neutralized threat first responders public may continue see corrigan dissenting examining threat victim police public brief amicus curiae emergency posed unknown shooter remains large automatically abate police provide security first victim michigan also appreciate duration scope emergency may depend part type weapon employed relied davis hammon assailants used fists controlling scope emergency involved use gun problem reasoning clear considered light assault amy hammon hershel hammon armed fists attacked wife removing amy separate room sufficient end emergency hershel reported armed gun however separation single household wall might sufficient end emergency michigan failure focus nature davis decision also led conclude medical condition declarant irrelevant said nothing remotely suggest whether victim need medical attention way relevant whether davis hammon present medical emergencies despite injuries victims thus previously considered much less ruled relevance victim severe injuries primary purpose inquiry taking account victim medical state michigan thought rende statements made police questioning seriously injured complainant medical condition victim important primary purpose inquiry extent sheds light ability victim purpose responding police questions likelihood purpose formed necessarily testimonial one victim medical state also provides important context first responders judge existence magnitude continuing threat victim public solicitor general brief observes brief amicus curiae contrary michigan claims none suggests emergency ongoing every place even surrounding victim entire time perpetrator violent crime loose recognized davis conversation begins interrogation determine need emergency assistance evolve testimonial statements internal quotation marks omitted evolution may occur example declarant provides police information makes clear appeared emergency longer emergency appeared public threat actually private dispute also occur perpetrator disarmed surrenders apprehended davis flees little prospect posing threat public trial courts determine first instance transition nontestimonial testimonial exclude portions statement become testimonial example unduly prejudicial portions otherwise admissible evidence finally discussion michigan misunderstanding davis meant ongoing emergency taken imply existence vel non ongoing emergency dispositive testimonial inquiry davis made clear whether ongoing emergency exists simply one factor albeit important factor informs ultimate inquiry regarding primary purpose interrogation another factor michigan sufficiently account importance informality encounter victim police formality sole touchstone primary purpose inquiry although formality suggests absence emergency therefore increased likelihood purpose interrogation establish prove past events potentially relevant later criminal prosecution informality necessarily indicate presence emergency lack testimonial intent cf explaining confrontation clause requirements readily evaded parties deliberately keeping written product interrogation informal instead declarant sign deposition however readily dismissed informality circumstances case single brief fact seems suggested encounter case formal explain questioning case occurred exposed public area prior arrival emergency medical services disorganized fashion facts make case distinguishable formal interrogation crawford see davis addition circumstances encounter occurs statements actions declarant interrogators provide objective evidence primary purpose interrogation see davis nature asked answered davis viewed objectively elicited statements necessary able resolve present emergency rather simply learn crawford happened past first emphasis added michigan least briefly conduct inquiry michigan correctly recognized davis requires combined inquiry accounts declarant many instances primary purpose interrogation accurately ascertained looking contents questions answers give extreme example police say victim tell us arrest prosecute victim response rick appears purely accusatory virtue phrasing question victim necessarily prosecution mind answers combined approach also ameliorates problems arise looking solely one participant predominant among problem mixed motives part interrogators declarants police officers society function first responders criminal investigators dual responsibilities may mean act different motives simultaneously quick succession see new york quarles undoubtedly police officers deciding whether give miranda warnings possible emergency situation act host different instinctive largely unverifiable motives safety safety others perhaps well desire obtain incriminating evidence suspect see also davis thomas concurring judgment part dissenting part many cases police respond report crime whether pursuant call victim otherwise purposes interrogation viewed perspective police respond emergency situation gather evidence victims also likely mixed motives make statements police ongoing emergency victim likely want threat potential victims end necessarily mean victim wants envisions prosecution assailant victim may want attacker incapacitated temporarily rehabilitated alternatively severely injured victim may purpose answering questions posed answers may simply reflexive victim injuries debilitating prevent thinking sufficiently clearly understand whether statements purpose addressing ongoing emergency purpose future taking account victim injuries transform objective inquiry subjective one inquiry still objective focuses understanding purpose reasonable victim circumstances actual victim circumstances prominently include victim physical state dissent suggests post opinion scalia intend give controlling weight intentions police post misreading opinion trial declarant statements interrogator questions introduced establis truth matter asserted crawford must therefore pass sixth amendment test see supra determining whether declarant statements testimonial courts look relevant circumstances even justice scalia concedes interrogator relevant evaluation post agree identity interrogator content tenor questions illuminate primary purpose interrogation dissent see post opinion scalia criticizes complexity approach least unwilling sacrifice accuracy simplicity simpler always better courts making primary purpose assessment unjustifiably restrained consulting relevant information including statements actions interrogators objectively ascertaining primary purpose interrogation examining statements actions participants also approach consistent past holdings davis noting volunteered testimony still testimony remains subject requirements confrontation clause iv suggested davis must determine whether confrontation clause bars admission statement trial determine primary purpose interrogation objectively evaluating statements actions parties encounter light circumstances interrogation occurs existence emergency parties perception emergency ongoing among important circumstances courts must take account determining whether interrogation testimonial statements made assist police addressing ongoing emergency presumably lack testimonial purpose subject requirement context case brings sharp relief existence duration emergency depend type scope danger posed victim police public applying analysis facts case difficult davis luxury reviewing transcript conversation victim police officers complicating task fact trial case occurred decisions crawford davis therefore review record developed ascertain primary purpose interrogation first examine circumstances interrogation occurred parties disagree whether emergency police arrived gas station bryant argues michigan accepted ongoing emergency criminal conduct occurring shots fired one seen possession firearm witnesses seen cowering fear running scene brief respondent bryant conceding serious injury creates medical emergency victim argues declarant medical emergency relevant ongoing emergency determination contrast michigan solicitor general explain police responded call man shot found covington bleeding gas station parking lot know covington whether shooting occurred gas station different location assailant whether assailant posed continuing threat covington others brief amicus curiae brief petitioner see also hen officer arrives scene know perpetrator whether armed whether might targets whether violence might continue scene elsewhere interrogation primary purpose establishing facts assess situation designed meet ongoing emergency nontestimonial michigan stated police asked covington happened shot shooting occurred joint appendix contains transcripts preliminary examination suppression hearing trial testimony five officers responded scene found covington officers testimony essentially consistent time specific officers basically agree information learned covington order learned whether covington statements response general detailed questions agree first question happened answer either shot rick shot explained scope emergency terms threat individuals initial assailant victim often depend type dispute involved nothing covington said police indicated cause shooting purely private dispute threat shooter ended record reveals little motive shooting police officers spoke covington gas station testified covington tell words covington rick exchanged prior covington tell officers fled bryant back porch indicating perceived ongoing police know covington tell whether threat limited potential scope dispute therefore emergency case thus stretches broadly issue davis hammon encompasses threat potentially police public also first confrontation clause cases involve gun physical separation sufficient end emergency hammon necessarily sufficient end threat case covington shot back door bryant house bryant argument ongoing emergency shots fired brief respondent surely construes ongoing emergency narrowly emergency last time assailant pulls trigger bullet hits victim sniper pauses shots one say emergency ceases pause extreme example situation serves highlight implausibility least certain weapons construing emergency last precisely long violent act construed opinion davis see brief respondent point questioning either covington police know location shooter fact bryant home time police searched house approximately point bryant left house bottom ongoing emergency armed shooter whose motive location shooting unknown mortally wounded covington within blocks minutes location police found suggest emergency continued bryant arrested california year shooting need decide precisely emergency ended covington encounter police statements made interaction occurred within first minutes police officers arrival well secured scene shooting shooter last known location reiterate moreover existence vel non ongoing emergency touchstone testimonial inquiry rather ultimate inquiry whether primary purpose interrogation enable police assistance meet ongoing emergency davis turn inquiry informed circumstances ongoing emergency described circumstances encounter provide important context understanding covington statements police police arrived covington side first question happened covington response either rick shot shot followed quickly identification rick shooter app response questions covington explained shooting occurred back door bryant house provided physical description shooter made statements covington lying gas station parking lot bleeding mortal gunshot wound abdomen answers police officers questions punctuated questions emergency medical services arrive suppression hearing testimony officer brown obviously considerable pain difficulty breathing talking testimony officer mccallister testimony sgt wenturine testimony officer stuglin description condition report statements say person covington situation primary purpose establish prove past events potentially relevant later criminal prosecution davis part police responded call man shot discussed know shooting occurred know location shooter anything else circumstances crime questions asked happened shot shooting occurred exact type questions necessary allow police situation threat safety possible danger potential public davis quoting hiibel sixth judicial dist humboldt including allow ascertain whether encountering violent felon davis words solicited information necessary enable meet ongoing emergency nothing covington responses indicated police contrary expectation upon responding call reporting shooting emergency prior emergency ended covington indicate shot another location minutes earlier know location shooter time police arrived far tell record gave indication shooter shot twice satisfied covington wounded fact covington indicate possible motive shooting thereby gave reason think shooter shoot arrived scene noted davis initial inquiries may often produce nontestimonial statements initial inquiries case resulted type nontestimonial statements contemplated davis finally consider informality situation interrogation situation similar though identical informal harried call davis structured interview crawford officers trial testimony reflects situation fluid somewhat confused officers arrived different times apparently upon arrival asked covington happened contrary dissent portrayal post opinion scalia conduct structured interrogation app testimony officer mccallister explaining duplicate questioning especially happened testimony sgt wenturine testimony officer stuglin informality suggests interrogators primary purpose simply address perceived ongoing emergency circumstances lacked formality alerted covington focused possible future prosecutorial use statements circumstances encounter well statements actions covington police objectively indicate primary purpose interrogation enable police assistance meet ongoing emergency davis covington identification description shooter location shooting testimonial hearsay confrontation clause bar admission bryant trial foregoing reasons hold covington statements testimonial admission bryant trial violate confrontation clause leave michigan courts decide remand whether statements admission otherwise permitted state hearsay rules judgment michigan vacated case remanded proceedings inconsistent opinion ordered justice kagan took part consideration decision case michigan petitioner richard perry bryant writ certiorari michigan february justice thomas concurring judgment agree admission covington statements violate confrontation clause reach conclusion covington questioning police lacked sufficient formality solemnity statements considered testimonial see crawford washington determining whether covington statements police implicate confrontation clause evaluates interrogation ante majority analysiswhich relies inter alia police knew arrived scene specific questions asked particular information covington conveyed weapon involved covington medical conditionillustrates uncertainty test creates law enforcement lower courts ante criticized test exercise fiction disconnected history yields predictable results davis washington opinion concurring judgment part dissenting part rather attempting reconstruct primary purpose participants consider extent interrogation resembles historical practices confrontation clause addressed see describing practices occurred english bail committal statutes passed reign queen mary majority notes covington interacted police highly informal circumstances bled fatal gunshot wound ante police questioning formalized dialogue result formalized testimonial deposition affidavit bore dicia solemnity davis supra opinion thomas see also giles california thomas concurring indication statements offered trial order evade confrontation davis supra interrogation bears little resemblance historical practices confrontation clause aimed eliminate covington thus bea testimony bryant crawford supra introduction statements trial implicate confrontation clause concur judgment michigan petitioner richard perry bryant writ certiorari michigan february justice scalia dissenting today tale story five officers conducting examinations dying man primary purpose obtaining preserving testimony regarding killer protecting others murderer somewhere loose transparently false professing believe demeans institution reaching patently incorrect conclusion facts relatively benign judicial mischief affects case hand vain attempt make incredible plausible however perhaps intended second goal today opinion distorts confrontation clause jurisprudence leaves shambles instead clarifying law makes obfuscator last resort continue adhere confrontation clause people adopted described crawford washington dissent confrontation clause sixth amendment made binding fourteenth amendment pointer texas provides criminal prosecutions accused shall enjoy right confronted witnesses crawford held provision guarantees defendant right confront witness must deliver testimony defendant person prosecution must prove witness unavailable appear trial defendant prior opportunity hearsay falls within confrontation clause grasp trial witness bears testimony providing solemn declaration affirmation purpose establishing proving fact quoting webster american dictionary english language confrontation clause protects defendants hearsay statements davis washington davis explained identify testimonial hearsay prompted police questioning field statement testimonial circumstances objectively indicate primary purpose interrogation establish prove past events potentially relevant later criminal prosecution however circumstances objectively indicate declarant statements cry help provision information enabling officers immediately end threatening situation bear little resemblance testimony goes proclaim emergency seek help crawford davis address whose perspective matters declarant interrogator assessing primary purpose interrogation cases statements testimonial perspective think true picks perspective declarant intent counts testimony narrative past events solemn declaration made course criminal trial statement qualify testimonial declarant must intend statement solemn declaration rather unconsidered offhand remark must make statement understanding may used invoke coercive machinery state see friedman grappling meaning testimonial brooklyn rev distinguishes narrative told friend dinner statement police see crawford supra hidden purpose interrogator substitute declarant intentional solemnity understanding words may used inquiry also inquiry work every fact pattern implicating confrontation clause clause applies volunteered testimony well statements solicited police interrogation see davis supra inquiry officer purposes make sense declarant blurts rick shot soon officer arrives scene see reason adopt different test one accounts officer intent officer asks happened declarant makes accusation mean interrogator irrelevant identity interrogator content tenor questions bear upon whether declarant intends make solemn statement envisions use criminal trial none means interrogator purpose matters unsuccessful attempt make finding emergency plausible instead adopts test looks purposes police declarant claims demanded necessity fretting victim may want abuser briefly arrested presumably teach lesson desire prosecution see ante need probe purposes police solve problem even victim speaks police establish prove past events solely purpose getting abuser arrested surely knows account potentially later criminal prosecution one ensue davis supra also wrings hands possibility severely injured victim may lack capacity form purpose instead answer questions reflexive ly ante assess whether declarant diminished capacity bore testimony difficult question one need answer today proposed answer substitute intentions police missing intentions declarant correct one declarant diminished capacity focusing interrogators make less sense inquiry crawford turns part actions statements declarant audience shape declarant perception audience listening therefore influence purpose making declaration see person perceive purposes certainly perceive listener might interested say far tell theory nothing said except sometimes make job easier jerman carlisle mcnellie rini kramer ulrich scalia concurring part concurring judgment slip claims one affirmative virtue focus purposes declarant police ameliorates problems arise declarants mixed motives ante loss know sorting primary purpose declarant mixed motives sometimes difficult adding mixed motives police compounds problem courts sort two sets mixed motives determine primary purpose interrogation solution creates problem proper theory exist police declarant one motive motives conflict provide answer glaringly obvious problem probably one virtue approach misnamned virtue leaves judges free reach fairest result totality circumstances dastardly police trick declarant giving incriminating statement sympathetic defendant focus police intent declare statement testimonial defendant deserves go jail focus whatever perspective necessary declare damning hearsay nontestimonial else fails perspectives reach desired outcome unfortunately malleable approach guarantee confrontation guarantee giles california plurality looking declarant purpose absurdly easy case roughly minutes anthony covington shot detroit police responded call reporting gunshot victim appeared neighborhood gas station quickly arrived scene less minutes five different detroit police officers questioned covington shooting asked similar battery questions happened app shot victim shooting take place see also covington answer ask questions tall shooter ow much weigh ibid exact address physical description house shooting took place chain events led shooting battery relented paramedics arrived began tending covington wounds covington perspective statements little value except ensure arrest eventual prosecution richard bryant knew threatening situation davis ended six blocks away minutes earlier fled bryant back porch see app bryant confronted mortally wounded instead shooting door see even bryant pursued unlikely seeing covington ended gas station unable confront police arrived doubly unlikely entirely beyond imagination bryant open fire covington surrounded five armed police officers covington knew shooting work drug dealer spree killer might randomly threaten others covington knowledge nothing fear differs significantly michelle mccottry state mind frantic statements operator issue davis call plainly call help bona fide physical threat describing events actually happening ibid luxuries police protection time space separating immediate danger covington enjoyed made statements see covington pressing medical needs suggest responding emergency contrary reinforce testimonial character statements understood police focused investigating past crime medical needs none officers asked covington attempted superficially assess severity wounds attempted administer first instead primarily asked questions little relevance covington dire situation police paramedics doctors need know address shooting took place name shooter shooter height weight provide proper medical care underscoring covington understood officers investigative role interrupted interrogation ask ems coming app words focus shift medical needs rather bryant crime neither covington statements colloquy officers place trial routine direct examination see davis like witness covington recounted detail past criminal event began progressed like prosecutor police elicited account structured questioning preventing admission weaker substitute live testimony trial internal quotation marks omitted precisely motivated framers adopt confrontation clause motivated decisions crawford hammon indiana decided davis ex parte examinations raise constitutional concerns whether take place parking lot police interrogation room worse still repute today opinion absurdly easy case even one erroneously takes interrogating officers purpose account five officers interrogated covington primarily investigate past criminal events none absolutely none actions indicated perceived imminent threat draw weapons indeed immediately search gas station potential contrary five testified questioned covington conducting investigation scene made sense feared presence shooter tellingly none officers started interrogation asking obvious first question hint fear existed shooter rely solely word officers primary purpose listen sergeant wenturine candidly admitted interrogated covington ha man believe dying gon na find period app short needed interrogate covington solve crime wenturine never mentioned interest ending ongoing emergency least officers intentions turned investigative encounter covington conversation evolve testimonial statements davis internal quotation marks omitted fifth officer arrive scene need run straight covington ask battery questions determine need emergency assistance ibid asked fellow officers presumably better sense covington better sense assist value asking battery questions fifth time ensure covington told consistent story see new details helpful investigation eventual prosecution emerge testimony five officers recount covington consistent story undoubtedly helped obtain bryant conviction came may note first jury reach verdict see final word active imagination invents world ongoing emergency exists whenever armed shooter whose motive shooting unknown mortally wound one individual within blocks minutes location police ultimately find victim ante breathlessly worries shooter leave scene armed ready pull trigger see ante nothing suggests five officers case shared view detroit drug dealers hunt shooting victim fire crowd police officers finish see ante spree killers shoot door roam streets leaving trail bodies behind almost percent murders involve single much likely indeed think certain officers viewed encounter covington past crime ongoing immediate consequences distorted view creates expansive exception confrontation clause violent crimes bryant posed continuing threat public safety imagination emergency persisted confrontation purposes least police learned motive location shooting ante may persisted case police secured scene shooting hours later ante relevance securing scene unclear long killer still large especially speculates may dangerous definition emergency many individuals testify defendant trial first offer accounts police hours violent act police plausibly claim potential threat public persisted first hours ante claim plausible always plausible defendant constitutionally protected right exclude testimony witnesses conviction rest perhaps solely officers recollection trial witnesses accusations framers envisioned hollow constitutional guarantee confrontation case know neither england took enfeebled view right confrontation example king brasier leach eng held inadmissible mother account young daughter statements immediately coming home sexually assaulted daughter needed testify today majority presumably hold daughter account mother nontestimonial statement made ongoing emergency known whether attacker might reappear attack attempt silence lone witness mother likely listened account assess threat safety decide whether rapist posed threat community required immediate intervention local authorities cf ante utter nonsense english treason trials helped inspire confrontation clause show today decision mistake expansive definition ongoing emergency willingness consider perspective interrogator declarant cast favorable light trials history past decisions suggest deserve royal officials conducted many ex parte examinations introduced sir walter raleigh sir john fenwick investigating alleged treasonous conspiracies unknown scope aimed killing overthrowing king see brief national association criminal defense lawyers amicus curiae social stability england depended mainly continuity ruling monarch cf stephen history criminal law england conspiracy posed pressing emergency imaginable presumably royal officials investigating understood gravity situation focused interrogations primarily ending threat generating testimony trial therefore doubt test english officials acted improperly denying raleigh fenwick opportunity confront accusers face face approach contrast english trials remain unquestionably infamous lord cobham speak royal officials end ongoing emergency traitor spoke raleigh correctly observed establish raleigh guilt save life see jardine criminal trials cobham statements assessed perspective testimonial purpose true covington statements ii today decision gross distortion facts gross distortion law revisionist narrative reliability continues guide confrontation clause jurisprudence least emergencies faux emergencies concerned according today opinion davis inquiry whether declarant spoke end ongoing emergency rather prove past events potentially relevant later criminal prosecution aimed answering whether declarant acted witness instead davis inquiry probes reliability declarant statements mplicit ly importing hearsay exception constitution ante statement ongoing emergency sufficiently reliable says prospect fabrication presumably significantly diminished need subject crucible compare holding crawford testimonial statements issue indicium reliability sufficient satisfy constitutional demands one constitution actually prescribes confrontation today opinion adopts emergencies faux emergencies least discredited logic white illinois idaho wright white course decision crawford davis found incompatible text history confrontation clause see davis supra crawford supra say reliability logic actually justify today result minutes plenty time shooting victim reflect fabricate false story announces future cases look standard rules hearsay designed identify statements reliable deciding whether statement testimonial ante ohio roberts said something remarkably similar statement admissible falls within firmly rooted hearsay exception otherwise bears adequate reliability tried approach confrontation clause nearly years crawford rejected unworkable standard unmoored text historical roots confrontation clause see arguments raleigh infamous treason trial contained full debate reliability lord cobham ex parte accusations see raleigh case tr case remains canonical example confrontation clause violation raleigh debate allowed attempts fit resurrected interest reliability crawford framework result incoherent reliability tells us good indicator whether statement substitute trial testimony ante patently false reliability tells us nothing whether statement testimonial testimonial nontestimonial statements alike come varying degrees reliability eyewitness statements police example reliable testimonial statements police one driver attempting blame similarly testimonial rarely reliable suggests otherwise misunderstands relationship qualification one standard hearsay exceptions exemption confrontation requirement massachusetts slip relationship causal one hearsay law exempts business records example businesses financial incentive keep reliable records see fed rule evid sixth amendment also generally admits business records evidence records reliable hearsay law says admits created administration entity affairs purpose establishing proving fact trial weaker substitutes live testimony slip moreover scope exemption confrontation hearsay exceptions also always coextensive reliability logic exception extend records maintained neutral parties providing services evidence testing confrontation clause forgiving business records prepared specifically use criminal trial testimonial require confrontation see ibid possible recognize contradiction focus reliable statements crawford focus testimonial ones realize two coexist intend following today illogical roadmap resurrect roberts thousand unprincipled distinctions without ever explicitly overruling crawford honestly overruling crawford destroy illusion judicial minimalism restraint force explain justices preference comports meaning confrontation clause people adopted confess justices preference really matters recedes crawford second significant way requires judges conduct balancing tests amorphous entirely subjective inquiries totality circumstances bearing upon reliability prosecution cries emergency admissibility statement turns highly inquiry ante type weapon defendant wielded see ante type crime defendant committed see ante medical condition declarant see ante declarant injured whether paramedics arrived scene see ante whether encounter takes place exposed public area ibid whether encounter appears disorganized see ibid whether declarant capable forming purpose see ante whether police secured scene crime see ante formality statement see ante finally whether statement strikes us reliable see ante better balancing test rejected crawford look forward resolving conflicts future whether knives poison like guns fists confrontation clause purposes whether rape armed robbery like murder domestic violence said course crawford analysis whether statement testimonial requires consideration circumstances also something multifactor balancing test reliability test replace analysis supplements understand opinion even determined emergency exists perhaps determination made statement found admissible far confrontation clause concerned testimonial case disavow multifactor balancing reliability crawford preference rules standards id violence framers design judges determination reliable violated trial rights englishmen political trials centuries see throckmorton case tr raleigh case st framers placed confrontation clause bill rights ensure abuses abuses admiralty courts colonial america repeated country even least dangerous branch trusted assess reliability testimony politically charged trials trials implicating threats national security see crawford supra cf hamdi rumsfeld scalia dissenting judicial decisions like constitution nothing parchment barriers writings james madison hunt ed depend judicial culture understands constitutionally assigned role courage persist role means announcing unpopular decisions modesty persist produces results go judges policy preferences today opinion falls far short living obligation short facts short law know bryant received deserts surely received pursuant procedures constitution requires taken away taken away us michigan petitioner richard perry bryant writ certiorari michigan february justice ginsburg dissenting agree justice scalia covington statements testimonial declarant intent counts ante dissenting opinion even interrogators intent counts agree covington statements still testimonial ante likely officers viewed encounter covington investigation past crime ongoing immediate consequences ante today decision justice scalia rightly notes creates expansive exception confrontation clause violent crimes ibid decision confounds recent confrontation clause jurisprudence ante made plain eliability tells us nothing whether statement testimonial ante emphasis deleted add however observation crawford washington noted law inherited england exception confrontation requirement cloak protecting accused admission testimonial statements removed dying declarations historic exception recalled giles california see applied statements made person die aware death imminent issue properly tendered take question whether exception dying declarations survives recent confrontation clause decisions michigan however held matter state law prosecutor abandoned issue see matter therefore one address case footnotes michigan held question whether victim statements admissible dying declarations properly preliminary examination prosecution first invoking dying declaration excited utterance hearsay exceptions established factual foundation admission statements excited utterances trial ruled statements admissible excited utterances address admissibility dying declarations occurred prior decision crawford washington first suggested dying declarations even testimonial might admissible historical exception confrontation clause see also giles california noted crawford need decide case whether sixth amendment incorporates exception testimonial dying declarations state failure preserve argument regard dying declarations similarly need decide question see also post ginsburg dissenting noted crawford use term colloquial rather technical legal sense ust various definitions exist one imagine various definitions need select among case davis abandon qualifications davis explained operators may least agents law enforcement conduct interrogations callers therefore consider ed acts acts police purposes opinion davis explicitly reserved question whether statements made someone law enforcement personnel ibid need decide question case either covington statements made police officers dissent also claims reserve question see post opinion scalia supports one arguments relying king brasier leach eng involved statements made child mother private citizen child sexually assaulted see also crawford washington rehnquist concurring judgment citing king brasier different proposition statements made someone accused taken oath unlike ex parte depositions affidavits generally considered substantive evidence upon conviction based contrary dissent excited suggestion nothing opinion casts favorable light post opinion scalia conduct sir walter raleigh trial english treason trials dissent correct trials unquestionably infamous decision confirms rather undermines assessment see also infra reasons discussed justice thomas opinion concurring judgment situation presented case nothing like circumstances presented sir walter raleigh trial see post see davis washington explaining question whether confrontation clause applies testimonial hearsay answering affirmative limitation clearly reflected text constitutional provision must fairly said mark merely perimeter see also post scalia dissenting bryant suggests michigan arguing subjective analysis intent interrogator questioning brief respondent read michigan brief arguing subjective inquiry argument error understand dissent disagree inquiry objective approach consistent rejection subjective inquiries areas criminal law see whren refusing evaluate fourth amendment reasonableness subjectively light officers actual motivations new york quarles holding officer subjective motivation irrelevant determining applicability public safety exception miranda arizona rhode island innis holding police officer subjective intent obtain incriminatory statements relevant determining whether interrogation occurred existence ongoing emergency must objectively assessed perspective parties interrogation time benefit hindsight information parties knew time encounter lead reasonable person believe emergency even belief later proved incorrect sufficient purposes confrontation clause emergency relevant primary purpose interrogation effect parties purpose actual existence many exceptions hearsay rules similarly rest belief certain statements nature made purpose use prosecution therefore barred hearsay prohibitions see fed rule evid statement furtherance conspiracy statements purposes medical diagnosis treatment records regularly conducted activity public records reports records vital statistics records religious organizations marriage baptismal similar certificates family records statement interest see also massachusetts slip business public records generally admissible absent confrontation qualify exception hearsay rules created administration entity affairs purpose establishing proving fact trial testimonial giles california noting context domestic violence tatements friends neighbors abuse intimidation statements physicians course receiving treatment excluded hearsay rules crawford hearsay exceptions covered statements nature testimonial example business records statements furtherance conspiracy recognizing evolutionary potential situation criminal law unique confrontation clause context noted davis ust fifth amendment purposes officers distinguish almost instinctively questions necessary secure safety safety public questions designed solely elicit testimonial evidence suspect trial courts recognize point sixth amendment purposes statements response interrogations become testimonial quoting new york quarles portions davis however caused confusion whether inquiry prescribes examination one participant exclusion davis language indicating statement testimonial nontestimonial nature derives primary purpose interrogation emphasis added read suggest relevant purpose interrogator contrast davis explains final analysis declarant statements interrogator questions confrontation clause requires us evaluate bryant draws argue primary purpose inquiry must conducted solely perspective declarant argues adoption perspective brief respondent see also brief richard friedman amicus curiae statement davis merely acknowledges confrontation clause implicated statements offered purposes establishing truth matter asserted crawford interrogator questions unlike declarant answers assert truth matter language meant determine courts assess nature declarant purpose merely remind readers statements questions must evaluated sixth amendment situation severe injuries victim undoubtedly also weigh credibility reliability trier fact afford statements cf advisory committee notes fed rule evid noting although theory excited utterance exception criticized ground excitement impairs accuracy observation well eliminating conscious fabrication finds support cases without number citing wigmore evidence chadbourn rev course confrontation clause bar admissibility hearsay statements trial state federal rules evidence prohibit introduction hearsay subject exceptions consistent rules due process clauses fifth fourteenth amendments may constitute bar admission example unreliable evidence see montana egelhoff plurality opinion rroneous evidentiary rulings combination rise level due process violation dutton evans harlan concurring result fifth fourteenth amendments commands federal state trials respectively must conducted accordance due process law standard test federal state rules evidence see app testimony officer mccallister testimony sgt wenturine testimony officer stuglin covington told rick shot back door rick house testimony officer stuglin located corner pennsylvania laura testimony sgt wenturine covington recognized rick voice testimony officer stuglin covington also gave physical description rick testimony officer mcallister testimony sgt wenturine testimony officer stuglin see tell rick said said conversation tell rick said testimony sgt wenturine paragraph breaks omitted see also testimony officer mcallister testimony officer stuglin see said went went back door house person said knew knocking knocking door said talked somebody door said recognized voice say recognized voice told said rick buster say conversation door believe right say happened whether conversation say ended happening said happened heard shot started turn get porch another one hit gunshot testimony officer stuglin paragraph breaks omitted unlike dissent apparent ability read covington mind post opinion scalia rely available evidence suggests covington perceived ongoing threat hardly bears mention emergency situation case readily distinguishable treasonous conspiracies unknown scope aimed killing overthrowing king post justice scalia dissent quite concerned although dissent claims otherwise post opinion scalia least one officer asked covington something akin app testimony officer stuglin approached subject victim covington ground asked something like happened okay something line asked man well basically know wrong know paragraph breaks omitted officers also testified assessment covington wounds see suppression hearing testimony officer brown blood front body testimony officer mccallister appeared stomach wound gunshot testimony officer stuglin see wound yes move clothing yes paragraph breaks omitted contrary dissent suggestion post opinion scalia despite fact record developed prior davis focus existence ongoing emergency record contains testimony support idea police officers concerned location shooter arrived scene thus suggest purpose questioning covington determine shooter location see app testimony officer stuglin stating upon arrival officers questioned gas station clerk whether shooting occurred gas station parking lot concern safety see also ibid testimony officer stuglin concern may person gun somebody shooter right immediate area sure yes want see area gets secured correct safety well everyone else correct paragraph breaks omitted testimony officer mccallister see officer mcallister look around say gee might shooter around better keep eye open partner know paragraph breaks omitted hiibel like confrontation clause cases involved domestic violence explains focus security victim police parties potentially threatened assailant noting case involved domestic assault footnotes remain agnostic whether statements nonstate actors testimonial see davis washington officer stuglin testimony undermine assessment officers behavior although suggests otherwise see ante officer stuglin first testified asked something like happened okay something line pressed whether asked responded well basically wrong ibid officers equivocal admitted need ask obvious see also cites officer stuglin testimony think brown pellerito little bit joining interrogation helping secure scene point whether whether moved secure area first officer testimony suggests pellerito testified stuglin brown arrived scene roughly time three immediately went covington see testimony brown mccallister corroborate account see opposite utopian word coined john stuart mill caustic description british policy see hansard parliamentary debates third series ser oxford english dictionary ed see federal bureau investigation crime expanded homicide data table murder situations online http visited available clerk case file