State Seeks Cert from Mich Supreme Court's Ruling in Bryant

The State of Michigan has sought certiorari from the Michigan Supreme Court’s recent 4-3 favorable Crawford in People v Bryant, 483 Mich 132; 768 NW2d 65 (2009). Michigan v Bryant, 8 USLW 3082 (Jul 28, 2009). The key question is whether the victim’s statement was testimonial under Crawford.The majority stated that the key question is whether the declarant intended the statement to be testimonial; the dissent stated that the focus should be on the officer’s intent. The majoirty also stated that the emergency exception must be narrowly construed lest "statements reporting criminal activity or accusing others of crimes . . . always be testimonial until a suspect was in custody and unable to cause further harm."And the court refused to treat the fact of the victim's condition as creating an emergency for Confrontation Clause purposes; that, it said, would confuse "a medical emergency with the emergency circumstances of an ongoing criminal episode."

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