Monday, March 1, 2010
Emergency Urgent?: Supreme Court Grants Cert In Confrontation Clause Case Concerning Preliminary Inquiries of Wounded Citizens
Today, the Supreme Court granted cert in Michigan v. Bryant, where the issue is
Whether preliminary inquiries of a wounded citizen concerning the perpetrator and circumstances of the shooting are nontestimonial because they were “made under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency,” including not only aid to a wounded victim, but also the prompt identification and apprehension of an apparently violent and dangerous individual?
Courtsey of SCOTUSblog, here are the opinion below (from the Supreme Court of Michigan), the petition for certiorari, and the brief in opposition. I am finishing off an article for the spring submission cycle, so I haven't had a chance to look at these documents in much detail, but it seems to me that the above issue is highly dependent on the facts, so I am not sure what type of opinion we should expect to see from the Supreme Court. I will have more on this case over the next few days.