United States Supreme Court
554 U.S. 353 (2008)
Giles (defendant) shot and killed his ex-girlfriend, Brenda Avie. Giles claimed self-defense. The prosecution sought to introduce into evidence statements that Avie made to the police in relation to a domestic violence report Avie filed a few weeks prior to the shooting. In the statement, Avie claimed that Giles choked her, punched her, and threatened to kill her. The parties did not dispute that Avie’s statements were testimonial. The trial court allowed the statements to be introduced and convicted Giles. The California Supreme Court affirmed the admission of the statements and the conviction, holding that Giles forfeited his confrontation right because his act of killing Avie created her unavailability as a witness. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Scalia, J.)
Concurrence (Thomas, J.)
Concurrence (Alito, J.)
Concurrence (Souter, J.)
Dissent (Breyer, J.)
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