giles
california
argued
april
decided
june
petitioner
giles
murder
trial
allowed
prosecutors
introduce
statements
murder
victim
made
police
officer
responding
domestic
violence
call
giles
convicted
appeal
pending
held
sixth
amendment
confrontation
clause
gives
defendants
right
witnesses
give
testimony
except
cases
exception
confrontation
right
recognized
founding
crawford
washington
state
appeal
concluded
confrontation
clause
permitted
trial
admit
evidence
unconfronted
testimony
murder
victim
doctrine
forfeiture
wrongdoing
concluded
giles
forfeited
right
confront
victim
testimony
found
giles
committed
murder
trial
intentional
criminal
act
made
victim
unavailable
testify
state
affirmed
ground
held
california
theory
forfeiture
wrongdoing
exception
sixth
amendment
confrontation
requirement
exception
established
founding
pp
courts
allowed
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statements
absent
witness
detained
kept
away
means
procurement
defendant
cases
treatises
indicate
rule
applied
defendant
engaged
conduct
designed
prevent
witness
testifying
pp
manner
forfeiture
rule
applied
makes
plain
unconfronted
testimony
admitted
without
showing
defendant
intended
prevent
witness
testifying
cases
evidence
suggested
defendant
wrongfully
caused
absence
witness
done
prevent
witness
testifying
unconfronted
testimony
excluded
unless
fell
within
separate
exception
confrontation
requirement
statements
made
speakers
brink
death
aware
dying
pp
california
proposed
exception
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right
plainly
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established
time
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supra
established
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since
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applied
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washington
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procurement
see
crawford
supra
pp
acts
domestic
violence
often
intended
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outside
help
defendant
prior
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threats
abuse
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victim
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intent
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giles
intent
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pp
cal
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scalia
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thomas
alito
joined
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full
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ginsburg
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thomas
alito
filed
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opinions
souter
filed
opinion
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part
ginsburg
joined
breyer
filed
dissenting
opinion
stevens
kennedy
joined
dwayne
giles
petitioner
california
writ
certiorari
california
june
justice
scalia
delivered
opinion
except
part
consider
whether
defendant
forfeits
sixth
amendment
right
confront
witness
judge
determines
wrongful
act
defendant
made
witness
unavailable
testify
trial
september
petitioner
dwayne
giles
shot
brenda
avie
outside
garage
grandmother
house
witness
saw
shooting
giles
niece
heard
transpired
inside
house
heard
giles
avie
speaking
conversational
tones
avie
yelled
granny
several
times
series
gunshots
sounded
giles
niece
grandmother
ran
outside
saw
giles
standing
near
avie
gun
hand
avie
carrying
weapon
shot
six
times
one
wound
consistent
avie
holding
hand
time
shot
another
consistent
turned
side
third
consistent
shot
lying
ground
giles
fled
scene
shooting
apprehended
police
two
weeks
later
charged
murder
trial
giles
testified
acted
giles
described
avie
jealous
said
knew
shot
man
seen
threaten
people
knife
vandalized
home
car
prior
occasions
said
day
shooting
avie
came
grandmother
house
threatened
kill
new
girlfriend
house
earlier
said
avie
also
threatened
kill
new
girlfriend
giles
avie
spoke
phone
earlier
day
giles
testified
avie
threatened
house
went
garage
retrieved
gun
took
safety
started
walking
toward
back
door
house
said
avie
charged
afraid
something
hand
according
giles
closed
eyes
fired
several
shots
intend
kill
avie
prosecutors
sought
introduce
statements
avie
made
police
officer
responding
report
three
weeks
shooting
avie
crying
spoke
told
officer
giles
accused
affair
two
began
argue
giles
grabbed
shirt
lifted
floor
began
choke
according
avie
broke
free
fell
floor
giles
punched
face
head
broke
free
opened
folding
knife
held
three
feet
away
threatened
kill
found
cheating
giles
objection
trial
admitted
statements
evidence
provision
california
law
permits
admission
statements
describing
infliction
threat
physical
injury
declarant
declarant
unavailable
testify
trial
prior
statements
deemed
trustworthy
cal
evid
code
ann
west
supp
jury
convicted
giles
murder
appealed
appeal
pending
decided
crawford
washington
confrontation
clause
requires
defendant
opportunity
confront
witnesses
give
testimony
except
cases
exception
confrontation
right
recognized
time
founding
california
appeal
held
admission
avie
unconfronted
statements
giles
trial
violate
confrontation
clause
construed
crawford
crawford
recognized
doctrine
forfeiture
wrongdoing
cal
rptr
officially
depublished
concluded
giles
forfeited
right
confront
avie
committed
murder
trial
intentional
criminal
act
made
avie
unavailable
testify
california
affirmed
ground
cal
granted
certiorari
ii
sixth
amendment
provides
criminal
prosecutions
accused
shall
enjoy
right
confronted
witnesses
amendment
contemplates
witness
makes
testimonial
statements
admitted
defendant
ordinarily
present
trial
witness
unavailable
prior
testimony
introduced
defendant
prior
opportunity
crawford
state
dispute
accept
without
deciding
avie
statements
accusing
giles
assault
testimonial
maintains
california
sixth
amendment
prohibit
prosecutors
introducing
statements
exception
confrontation
guarantee
permits
use
witness
unconfronted
testimony
judge
finds
judge
case
defendant
committed
wrongful
act
rendered
witness
unavailable
testify
trial
held
crawford
confrontation
clause
naturally
read
reference
right
confrontation
common
law
admitting
exceptions
established
time
founding
therefore
ask
whether
theory
forfeiture
wrongdoing
accepted
california
exception
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right
previously
acknowledged
two
forms
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admitted
common
law
even
though
unconfronted
see
first
declarations
made
speaker
brink
death
aware
dying
see
king
woodcock
leach
eng
state
moody
super
eq
veitch
cas
cc
dc
king
commonwealth
avie
make
unconfronted
statements
admitted
giles
trial
dying
statements
fall
within
historic
exception
second
doctrine
refer
forfeiture
wrongdoing
permitted
introduction
statements
witness
detained
kept
away
means
procurement
defendant
see
lord
morley
case
tr
detained
harrison
case
tr
made
keep
away
queen
scaife
eng
kept
away
see
also
hawkins
pleas
crown
ed
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hawkins
peake
compendium
law
evidence
ed
sent
away
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law
evidence
detained
kept
back
appearing
means
procurement
prisoner
doctrine
roots
decision
lord
morley
case
judges
concluded
witness
detained
means
procurement
prisoner
provided
basis
read
testimony
previously
given
coroner
inquest
st
courts
commentators
also
concluded
wrongful
procurement
witness
absence
among
grounds
admission
statements
made
bail
committal
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conducted
marian
statutes
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peace
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supra
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prosecuting
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hawkins
class
confronted
statements
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procurement
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definitions
procure
procurement
merely
require
defendant
caused
witness
absence
definitions
limit
causality
one
designed
bring
result
procured
see
webster
american
dictionary
english
language
defining
procure
contrive
effect
emphasis
added
ibid
defining
procure
get
gain
obtain
request
loan
effort
labor
purchase
oxford
english
dictionary
ed
def
defining
procure
contrive
devise
care
action
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mostly
something
evil
person
similarly
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means
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cases
defendant
caused
witness
fail
appear
also
connote
defendant
forfeits
confrontation
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uses
intermediary
purpose
making
witness
absent
see
person
intercedes
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uses
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order
bring
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result
webster
american
dictionary
english
language
help
end
attained
cases
treatises
time
indicate
definition
terms
governed
number
said
prior
testimony
admissible
witness
kept
away
defendant
means
contrivance
see
chitty
practical
treatise
criminal
law
kept
away
means
contrivance
prisoner
phillipps
treatise
law
evidence
kept
way
means
contrivance
prisoner
drayton
wells
kept
away
contrivance
opposite
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phrase
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defendant
schemed
bring
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trial
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webster
supra
ingeniously
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oxford
english
dictionary
supra
treatise
made
purpose
requirement
explicit
still
stating
forfeiture
rule
applied
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one
prisoner
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invoked
manner
consistent
definition
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invoked
although
defendant
engaged
conduct
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witness
testifying
offering
bribe
manner
rule
applied
makes
plain
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testimony
admitted
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showing
defendant
intended
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evidence
suggested
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caused
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typical
murder
case
involving
accusatorial
statements
victim
testimony
excluded
unless
confronted
fell
within
exception
prosecutors
appear
even
argued
judge
admit
unconfronted
statements
defendant
committed
murder
trial
consider
king
woodcock
william
woodcock
accused
killing
wife
silvia
beaten
left
near
death
magistrate
took
silvia
woodcock
account
crime
oath
died
hours
later
judge
stated
reat
crime
nature
must
always
appear
yet
inquiry
must
proceed
upon
rules
evidence
leach
eng
aside
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given
trial
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prisoner
judge
said
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law
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woodcock
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therefore
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eng
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omitted
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instructed
jury
consider
statements
woodcock
fact
apprehension
death
eng
determined
woodcock
quietly
resigned
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fate
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statements
evidence
east
pleas
crown
king
dingler
leach
eng
applied
test
exclude
unconfronted
statements
murder
victim
george
dingler
charged
killing
wife
jane
suffered
multiple
stab
wounds
left
hospital
days
died
day
stabbing
magistrate
took
jane
dingler
deposition
woodcock
oath
facts
circumstances
attended
outrage
committed
upon
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eng
george
dingler
attorney
argued
statements
qualify
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marian
examinations
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result
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entitled
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prosecutor
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eng
many
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statements
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john
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case
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cas
cc
dc
lewis
state
miss
montgomery
state
ohio
nelson
state
smith
state
courts
cases
even
consider
admitting
statements
ground
defendant
crime
blame
witness
absence
even
evidence
establishing
overwhelming
reporter
woodcock
went
way
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leach
eng
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state
supra
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caused
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defendant
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doctor
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ill
defendant
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physician
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law
correct
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cases
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like
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judges
prosecutors
also
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responsible
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death
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case
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yet
prosecutors
attempt
obtain
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often
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putting
evidence
show
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victim
believed
recover
see
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commonwealth
three
witnesses
called
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point
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commonwealth
testimony
elicited
doctor
witness
anthony
state
doctor
questioned
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fatality
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offers
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argues
defendant
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rouco
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federal
rule
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entitled
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davis
washington
every
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