Eleventh Circuit Holds That Witness Testimony By Two-Way Video Teleconference Violates Confrontation Clause

The Eleventh Circuit ruled this week in U.S. v. Yates that witness testimony via two-way video teleconference violates the Sixth Amendment right to confrontation.  In doing so, the court rejected the government's arguments that the procedure was necessary because the witnesses were "essential" to the prosecution's case, were located in Australia and thus beyond the subpoena power of the U.S., and had refused to travel to the U.S. to testify.   [Mark Godsey]