Supreme Court Again Gives Teeth to the Confrontation Clause in Briscoe v. Virginia
The Supreme Court of the United States tells the government that the Confrontation Clause does still exist. In a one sentence opinion, the Supreme Court said in Briscoe v. Virginia,
We vacate the Judgment of the Supreme Court of Virginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massachusetts, 557 U.S. _____.
Previously, I wrote about the Melendez-Diaz opinion. Essentially, the Court reaffirms that we have a right to confront witnesses and not be tried by affidavit or documents. Instead, we get to cross-examine the people that make reports, not just live with what the report says.
Some have speculated that the Supreme Court granted certiorari in this case to see what Justice Sotomayor's position is on this issue. Fortunately for the accused, it seems Justice Sotomayor is in agreement with the Melendez-Diaz opinion.
