Supreme Court of the United States

Michigan v. Bryant — Thomas, J., concurring

February 28, 2011131 S. Ct. 1143

Summary

Justice Thomas concurs in the judgment, agreeing the admission of Covington's statements did not violate the Confrontation Clause, but criticizes the majority's primary-purpose test as uncertain and disconnected from history. He argues instead that statements are only testimonial if the interrogation possesses sufficient formality and solemnity resembling historical practices.