chambers mississippi argued november decided february petitioner arrested murder another person mcdonald made later repudiated written confession three separate occasions time different friend mcdonald orally admitted killing petitioner convicted murder trial claimed lacking due process petitioner allowed mcdonald petitioner called witness state failed since mississippi voucher rule party may impeach witness introduce testimony three persons mcdonald confessed trial ruled testimony inadmissible hearsay mississippi affirmed held facts circumstances case petitioner denied fair trial violation due process clause fourteenth amendment pp application voucher rule prevented petitioner mcdonald exploring circumstances mcdonald three prior oral confessions challenging renunciation written confession thus deprived petitioner right contradict testimony clearly adverse pp trial erred excluding mcdonald hearsay statements critical petitioner defense bore substantial assurances trustworthiness including made spontaneously close acquaintance corroborated evidence case real sense mcdonald interest mcdonald present available state pp powell delivered opinion burger douglas brennan stewart white marshall blackmun joined white filed concurring opinion post rehnquist filed dissenting opinion post peter westen argued cause petitioner pro hac vice briefs ramsey clark timmie hancock special assistant attorney general mississippi argued cause respondent brief summer attorney general guy rogers assistant attorney general justice powell delivered opinion petitioner leon chambers tried jury mississippi trial convicted murdering policeman jury assessed punishment life imprisonment mississippi affirmed one justice dissenting pending disposition application certiorari petitioner granted bail order circuit justice dated february two weeks later state request reconsideration order reaffirmed subsequently petition certiorari granted consider whether petitioner trial conducted accord principles due process fourteenth amendment conclude officer forman see vantage point shot liberty whether liberty shots hit anyone one deputy sheriffs testified trial standing several feet liberty saw chambers shoot another deputy sheriff stated although see whether chambers gun hand see chambers break arm shortly shots fired officers saw chambers fall testified thought dead made effort time either examine search murder weapon instead attended liberty placed police car taken hospital declared dead arrival subsequent autopsy showed hit four bullets revolver shortly shooting three chambers friends discovered yet dead james williams berkley turner gable mcdonald loaded car transported hospital later night county sheriff discovered chambers still alive guard placed outside room chambers subsequently charged liberty murder pleaded guilty asserted innocence throughout story leon chambers intertwined story another man gable mcdonald mcdonald lifelong resident woodville crowd evening liberty death sometime shortly day left wife woodville moved louisiana found job sugar mill november year returned woodville wife informed acquaintance known reverend stokes wanted see stokes owned gas station natchez mississippi several miles north woodville upon return mcdonald went see talking stokes mcdonald agreed make statement chambers attorneys maintained offices natchez two days later appeared attorneys offices gave sworn confession shot officer liberty also stated already told friend james williams shot liberty said used pistol revolver discarded shortly shooting response questions chambers attorneys mcdonald affirmed confession voluntary one compelled come confession transcribed signed witnessed mcdonald turned local police authorities placed jail one month later preliminary hearing mcdonald repudiated prior sworn confession testified stokes persuaded confess shot liberty claimed stokes promised go jail share proceeds lawsuit chambers bring town woodville examination attorney state mcdonald swore scene liberty shot street drinking beer cafe friend berkley turner turner heard shooting testified walked street found chambers lying alley turner williams took chambers hospital mcdonald testified preliminary hearing know happened discussion shooting either going coming back hospital next day learned chambers felled blast liberty riot gun addition mcdonald stated owned pistol lost many months shooting possess weapon time local justice peace accepted mcdonald repudiation released custody local authorities undertook investigation possible involvement chambers case came trial october next year trial endeavored develop two grounds defense first attempted show shoot liberty one officer testified actually saw chambers fire shots although three officers saw liberty shoot chambers testified assumed shooting attacker none examined chambers see whether still alive whether possessed gun indeed weapon ever recovered scene proof chambers ever owned pistol one witness testified standing street near liberty shot looking chambers shooting began sure chambers fire shots petitioner second defense gable mcdonald shot officer liberty partially successful however efforts bring jury testimony supporting defense sam hardin lifelong friend mcdonald testified saw mcdonald shoot liberty second witness one liberty cousins testified saw mcdonald immediately shooting pistol hand addition testimony two witnesses chambers endeavored show jury mcdonald repeatedly confessed crime chambers attempted prove mcdonald admitted responsibility murder four separate occasions gave sworn statement chambers counsel three times prior occasion private conversations friends large measure thwarted attempt present portion defense strict application certain mississippi rules evidence chambers asserts unsuccessfully motion new trial appeal state application evidentiary rules rendered trial fundamentally unfair deprived due process law necessary therefore examine carefully rulings made trial ii chambers filed pretrial motion requesting order mcdonald appear chambers also sought ruling time state chose call mcdonald allowed call adverse witness attached motion copies mcdonald sworn confession transcript preliminary hearing repudiated confession trial granted motion requiring mcdonald appear reserved ruling motion trial state failed put mcdonald stand chambers called mcdonald laid predicate introduction sworn confession admitted evidence read jury state upon elicited mcdonald fact repudiated prior confession mcdonald testified preliminary hearing shoot liberty confessed crime promise reverend stokes go jail share sizable tort recovery town also retold story actions evening shooting including visit cafe street absence scene critical period subsequent trip hospital chambers conclusion state chambers renewed motion examine mcdonald adverse witness trial denied motion stating may hostile adverse sense word request overruled appeal state upheld trial ruling finding mcdonald testimony adverse appellant owhere point finger chambers defeated attempt challenge directly mcdonald renunciation prior confession chambers sought introduce testimony three witnesses mcdonald admitted shot officer first sam hardin testified night shooting spent late evening hours mcdonald friend house return hospital driving mcdonald home later night mcdonald stated shot liberty state objected admission testimony ground hearsay trial sustained objection berkley turner friend mcdonald said drinking beer shooting occurred called testify jury presence without objection testified cafe saturday beers mcdonald jury excused absence jury turner recounted conversations mcdonald riding james williams take chambers hospital asked whether mcdonald said anything regarding shooting liberty turner testified mcdonald told shot turner stated one week later met mcdonald friend house mcdonald reminded prior conversation urged turner mess petitioner argued especially proof case corroborative statements turner testimony mcdonald remarks admitted exception hearsay rule trial sustained state objection third witness albert carter mcdonald neighbor friends years although carter woodville evening shooting stated learned next morning mcdonald day mcdonald walked well near mcdonald house mcdonald told one shot officer liberty carter testified mcdonald also told disposed revolver later night testified several weeks shooting accompanied mcdonald natchez mcdonald purchased another pistol replace one discarded jury allowed hear carter testimony chambers urged statements admissible state objected sustained objection appeal state approved lower exclusion witnesses testimony hearsay grounds sum chambers predicament consequence combination mississippi party witness voucher rule hearsay rule unable either mcdonald present witnesses behalf discredited mcdonald repudiation demonstrated complicity chambers however chipped away fringes mcdonald story introducing admissible testimony sources indicating seen cafe said shooting started beer turner possessed pistol time crime remained mcdonald testimony single written confession countered arguably acceptable renunciation chambers defense far less persuasive might given opportunity subject mcdonald statements confessions admitted iii right accused criminal trial due process essence right fair opportunity defend state accusations rights confront witnesses call witnesses one behalf long recognized essential due process justice black writing oliver identified rights among minimum essentials fair trial person right reasonable notice charge opportunity heard defense right day basic system jurisprudence rights include minimum right examine witnesses offer testimony represented counsel chambers denied opportunity subject mcdonald damning repudiation alibi allowed test witness recollection probe details alibi sift conscience jury might judge whether mcdonald testimony worthy belief mattox right desirable rule trial procedure implicit constitutional right confrontation helps assure accuracy process dutton evans bruton indeed essential fundamental requirement kind fair trial country constitutional goal pointer texas course right confront absolute may appropriate cases bow accommodate legitimate interests criminal trial process mancusi stubbs denial significant diminution calls question ultimate integrity process requires competing interest closely examined berger california case petitioner request mcdonald denied basis mississippi rule party may impeach witness rule rests presumption without regard circumstances particular case party calls witness vouches credibility clark lansford miss although historical origins voucher rule uncertain appears remnant primitive english trial practice compurgators called stand behind particular party position controversy assertions strictly partisan quite unlike witnesses criminal trials today role bore little relation impartial ascertainment facts whatever validity voucher rule may enjoyed apart whatever usefulness retains today civil trial process bears little present relationship realities criminal process might logical early common law require party vouch credibility witnesses brought jury affirm veracity selected especially purpose party might reasonably expected stand firmly behind testimony modern criminal trials defendants rarely able select witnesses must take find moreover applied case voucher rule impact doubly harmful chambers efforts develop defense precluded mcdonald state conceded oral argument also restricted scope direct examination rule corollary requirement party calling witness bound anything might say therefore effectively prevented exploring circumstances mcdonald three prior oral confessions challenging renunciation written confession mississippi sought defend rule explain underlying rationale contended rule override accused right confrontation instead argues incompatibility rule chambers rights right confrontation exists unless testifying witness adverse accused state brief asserts right confrontation applies witnesses accused relying trial determination mcdonald adverse state holding mcdonald point finger chambers state contends chambers constitutional right involved argument mcdonald testimony adverse chambers convincing state proof trial excluded theory one person participated shooting liberty extent mcdonald sworn confession tended incriminate tended also exculpate chambers circumstances case mcdonald retraction inculpated chambers extent exculpated mcdonald hardly disputed mcdonald testimony fact seriously adverse chambers availability right confront give damaging testimony accused never held depend whether witness initially put stand accused state reject notion right substance criminal process may governed technicality narrow unrealistic definition word voucher rule applied case plainly interfered chambers right defend state charges need decide however whether error alone occasion reversal since chambers claimed denial due process rests ultimate impact error viewed conjunction trial refusal permit call witnesses trial refused allow introduce testimony hardin turner carter testified statements purportedly made mcdonald three separate occasions shortly crime naming murderer state approved exclusion evidence ground hearsay hearsay rule long recognized respected virtually every state based experience grounded notion untrustworthy evidence presented triers fact statements traditionally excluded lack conventional indicia reliability usually made oath circumstances impress speaker solemnity statements declarant word subject available order demeanor credibility may assessed jury california green number exceptions developed years allow admission hearsay statements made circumstances tend assure reliability thereby compensate absence oath opportunity among prevalent exceptions one applicable declarations interest exception founded assumption person unlikely fabricate statement interest time made mississippi recognizes exception applies declarations pecuniary interest recognizes exception declarations like mcdonald case penal interest declarant brown state miss materialistic limitation hearsay exception appears accepted criminal trial processes although number discarded declarations penal interest also excluded federal courts authority donnelly although exclusion required newly proposed federal rules evidence exclusion limitation prevails usually premised view admission lead frequent presentation perjured testimony jury believed confessions criminal activity often motivated extraneous considerations therefore inherently reliable statements pecuniary proprietary interest rationale subject considerable scholarly criticism need decide case whether circumstances might serve valid state purpose excluding untrustworthy testimony hearsay statements involved case originally made subsequently offered trial circumstances provided considerable assurance reliability first mcdonald confessions made spontaneously close acquaintance shortly murder occurred second one corroborated evidence case mcdonald sworn confession testimony shooting testimony mcdonald seen gun immediately shooting proof prior ownership revolver subsequent purchase new weapon sheer number independent confessions provided additional corroboration third whatever may parameters rationale confession real sense unquestionably interest see harris dutton evans mcdonald stood benefit nothing disclosing role shooting three friends must aware possibility disclosure lead criminal prosecution indeed telling turner involvement subsequently urged turner mess finally question truthfulness extrajudicial statements mcdonald present courtroom oath state demeanor responses weighed jury see california green availability mcdonald significantly distinguishes case prior mississippi precedent brown state supra situation since cases declarant unavailable time trial rights fundamental accused present witnesses defense webb texas washington texas oliver exercise right accused required state must comply established rules procedure evidence designed assure fairness reliability ascertainment guilt innocence although perhaps rule evidence respected frequently applied jury trials applicable exclusion hearsay exceptions tailored allow introduction evidence fact likely trustworthy long existed testimony rejected trial bore persuasive assurances trustworthiness thus well within basic rationale exception declarations interest testimony also critical chambers defense circumstances constitutional rights directly affecting ascertainment guilt implicated hearsay rule may applied mechanistically defeat ends justice conclude exclusion critical evidence coupled state refusal permit chambers mcdonald denied trial accord traditional fundamental standards due process reaching judgment establish new principles constitutional law holding signal diminution respect traditionally accorded establishment implementation criminal trial rules procedures rather hold quite simply facts circumstances case rulings trial deprived chambers fair trial judgment reversed case remanded mississippi proceedings inconsistent opinion ordered footnotes upon chambers motion change venue granted trial held amite county east woodville change trial setting response petitioner claim adverse publicity hostile attitude police sheriff staffs woodville obtain fair impartial trial record case despite state failure address constitutional issue clear chambers asserted denial due process properly us objected trial rulings confrontation claim petitioner asserted trial right treat mcdonald adverse witness motion new trial filed jury verdict listed error trial refusal permit mcdonald exclusion evidence corroborative mcdonald guilt motion concluded trial accord fundamental fairness guaranteed fourteenth amendment constitution chambers reasserted claims appeal state affirmance conviction chambers filed petition rehearing addressed almost entirely claim trial conducted manner consistent traditional notions due process state raised question chambers claims properly asserted claim made state response petition certiorari brief merits oral argument questions properly reviewable see street new york new york ex rel bryant zimmerman unlike henry mississippi case involve state procedural requirement contemporaneous objection admission evidence petitioner contention asserted trial motion new trial subsequently mississippi denied fundamental fairness guaranteed fourteenth amendment result several evidentiary rulings claim substance accept opinion rests cumulative effect rulings frustrating efforts develop exculpatory defense although objected ruling individually petitioner constitutional claim based cumulative impact rulings raised ruled upon prior conclusion chambers evidentiary presentation since state asserted independent state procedural ground basis reaching merits petitioner constitutional claim occasion decide whether ground exists imposition case serve legitimate state interest circumstances doubt propriety exercise jurisdiction hardin testimony unlike testimony two men stated mcdonald confessed actually given jury presence state objection hardin account mcdonald statement sustained trial ordered jury disregard gun dealer natchez testified mcdonald made two purchases witness business records indicated mcdonald purchased revolver year prior murder purchased different style three weeks liberty death entirely clear whether trial ruling premised hearsay rationale underlying exclusion testimony instance state argued carter testimony impermissible attempt petitioner impeach witness mcdonald adverse trial state excluding evidence state indicated excluded hearsay wigmore evidence pp chadbourn ed mccormick evidence pp ed voucher rule condemned archaic irrational potentially destructive process mccormick supra morgan basic problems evidence wigmore supra voucher rule rejected altogether newly proposed federal rules evidence rule rules evidence courts magistrates approved transmitted congress become effective july unless congress otherwise determines tr oral arg brief respondent emphasis supplied see donnelly jefferson declarations interest exception hearsay rule harv rev mcelroy mississippi evidence forrest county coop assn mccaffrey miss mccormick supra wigmore evidence pp see people spriggs cal people lettrich people brown hines commonwealth rule supra see committee rules practice procedure rules evidence courts magistrates rev draft mar wigmore supra wright uniform rules hearsay cin rev annunziato cert denied friendly scolari cert denied mississippi case refused adopt hearsay exception declarations penal interest concerned declarant purportedly stated committed murder brother charged mississippi believed declarant might motivated desire free brother rather compulsion guilt also noted declarant fled unavailable might well known time made statement suffer brown state miss present case basis doubting mcdonald statements see note miss mcdonald presence also deprives state argument retention rule much force claiming change rule work travesty justice state posited following hypothetical rule changed charged crime tell committed crime go hiding trial testify admission guilt acquitted return stand trial provide several witnesses testify whereabouts time crime testimony witnesses along statement really committed crime result acquittal barred prosecution protection double jeopardy one convicted perjury testify first trial lie oath truthful testimony brief respondent emphasis supplied justice white concurring ordinarily expect appellate state federal system remain silent constitutional issue requiring decision case normally silence important question simply indicate unnecessary decide issue properly reason brother rehnquist points stated street new york highest state failed pass upon federal question assumed omission due want proper presentation state courts unless aggrieved party affirmatively show contrary rule becomes petitioner burden demonstrate applicable state law claim properly state therefore necessarily rejected although silently affirmance judgment fails need entertain decide federal question presses invariable practice however canvass state law determine whether federal question presented discussed state properly raised accordance state procedures surveyed state law street little help appellant think appropriate state contest jurisdiction seemingly concedes question properly raised necessarily decided mississippi little doubt mississippi ordinarily enforces rule contemporaneous objection respect evidence three opinions henry state miss miss make sufficiently clear also case came noted existence rule recognized served legitimate state interest henry mississippi rule obtains proponent evidence claims error exclusion rejection evidence apparently admissible error absence offer sufficient statement purpose introduction may determine relevancy admissibility consistently followed rule requiring definiteness sufficiency offer proof freeman state dissenting opinion reach cases left doubt affirming judgment henry state miss mississippi refused consider claim illegally obtained evidence matter presented trial case come within brooks state supra ruled henry counsel experienced adequate henry bound mistakes vacated judgment remanded determination whether deliberate bypass reading mississippi law extending discretion give relief rule petitioner represented competent local counsel familiar local procedure henry mississippi initial opinion remand mississippi reasserted necessity object time testimony offered trial said evertheless appears trial judge foregoing rule procedure defeat justice bring results justified intended substantive law rule may relaxed subordinated primary purpose law enforce constitutional rights interest justice henry state king state statement henry opinion interpreted giving state well trial sufficient latitude treat request peremptory instruction jury failure object introduction allegedly illegally obtained evidence appellant made timely objection moreover wood state convicted defendant complained allegedly unfair defense witnesses failure object part prejudicial inquiry state nevertheless considered question stating note also objection made testimony donald ray boyd asked whether ever jail however stated brooks supra extreme cases failure object questions violative constitutional right events objected receive consideration appellant case tried murder evidence defendant guilt extremely close shred evidence one way persuasive jury opinion warrants consideration questions responses repeated objections made sustained well consideration testimony donald ray boyd wherein asked whether jail though formal objection made thereto cases seemingly preserve aspects brooks rule hence anticipate situations requirement enforced despite henry occasions mississippi consider constitutional claims made first time leaves matter jurisdiction light decisions williams georgia clear acknowledging motions new trial final judgment favored georgia recognized motions granted exceptional extraordinary cases availability within discretion courts claimed denying williams motion adequate state ground precluding review since motion based upon constitutional objection one validity principle sustained discretionary decision deny motion deprive jurisdiction find substantive issue properly us circumstances us repeated offers evidence objections exclusion although constitutional grounds matter presented federal due process terms state state deny issue properly state considered inclined although dubitante conclude jurisdiction merits join opinion judgment trial remand henry decision miss found deliberate bypass affirming appeal mississippi mention brooks state miss rule like cases justice rehnquist dissenting reach merits case considerable difficulty subscribing constitutionalization intricacies common law evidence reach merits since conclude petitioner failed properly raise mississippi courts constitutional issue seeks decide title provides pertinent part follows final judgments decrees rendered highest state decision may reviewed follows writ certiorari title right privilege immunity specially set claimed constitution treaties statutes commission held authority exercised upon like grounds jurisdiction reexamine final judgment state arise mere inference averments distinct positive place beyond question party bringing case intended assert federal right oxley stave butler county particular form words phrases essential claim invalidity ground therefor brought attention state fair precision due time emphasis added cases settle proposition litigant procedural defaults state proceedings prevent vindication federal rights unless state insistence compliance procedural rule serves legitimate state interest mississippi rule clearly serve legitimate state interest immediately apprising trial judge objection counsel gives opportunity conduct trial without using tainted evidence objection well taken fruits illegal search may excluded jury consideration reversal new trial avoided however record state proceedings shows first occasion petitioner counsel even hinted previous evidentiary objection constitutional basis time filed motion new trial delaying constitutional contention evidence jury retired returned verdict guilty petitioner denied trial opportunity reconsider evidentiary ruling light constitutional objection henry expressed doubt adequacy federal purposes mississippi differing treatment motion exclude close state case objection made contemporaneously offer evidence doubt policy supporting mississippi requirement contemporaneous objection served equally well motion new trial following rendition jury verdict perfectly true opinion petitioner objected trial rulings half test litigant seeking decision constitutional claim must object otherwise advise lower claim ruling error must make clear claim error constitutionally grounded bailey anderson petitioner argued state condemnation award failed include interest date possession denied compensation violation due process clause fourteenth amendment noted state circuit petitioner requested award include interest date taking circuit without explanation rejected claim went say throughout proceedings circuit appellant made claim interest constitutional grounds made attack constitutionality award decree asserted denial interest neither majority dissenting opinions mississippi contain one syllable refers expressly implication claim based constitution opinions course treat evidentiary objections proffers holds constitutional dimension passed terms nonconstitutional evidentiary questions one staples business appellate courts regularly review claims error conduct trial since mississippi requires contemporaneous objection evidentiary rulings trial entirely proper mississippi conclude even though petitioner might asserted constitutional claims brief raised late require consideration said street new york moreover stated highest state failed pass upon federal question assumed omission due want proper presentation state courts unless aggrieved party affirmatively show contrary erred refusing declare gable mcdonald hostile adverse witness permitting defendant propound leading questions erred refusing permit defendant introduce evidence corroborating admission gable mcdonald admitting killing aaron liberty trial defendant accord fundamental fairness guaranteed fourteenth amendment constitution article three sections fourteen constitution state mississippi constitution extraordinarily delicate equally necessary authority review judgments state courts last resort issues turn construction constitution federal law undertake tell state last resort judgment inconsistent mandate constitution behooves us make certain adhere congressional mandate limits jurisdiction believing petitioner complied dismiss writ certiorari