Monday, January 25, 2010
I have written a couple of posts on this blog (here and here) about Brsicoe v. Virginia, which I called a "potentially landmark Confrontation Clause case in the latter post. I had thought that the Supreme Court, with a new Justice since Melendez-Diaz v. Massachusetts was decided, might have overturned that opinion, fleshed out the definition of "testimonial," or blown up the whole Confrontation Clause framework and started again at zero. Instead, here was the Court's holding today:
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. ___ (2009)
It is so ordered.
This is what is known as a grant, vacate, and remand (a/k/a GVR), and it means that the status quo remains the status quo in the Confrontation Clause arena.