Rachel Pickering and I recently filed a petition for a writ of certiorari in State v. Birth, a COA case holding that Confrontation can be waived by an attorney's "opening the door" to introduction of out-of-court statements. The SCOTUS just took a case on "forfeiture by wrong doing," (here is the Confrontation Blog coverage) which may give us some insight into the interplay between the rules of evidence/procedure and the right to Confrontation.
[Update: the SCOTUS denied the petition on February 19, 2008].
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