Supreme Court of the United States

Michigan v. Richard Perry Bryant — Ginsburg, J., Dissenting

February 28, 2011179 L. Ed. 2d 93

Summary

Justice Ginsburg, dissenting, disagrees with the majority’s finding that the victim’s statements were nontestimonial due to an ongoing emergency. She argues the statements were testimonial under Crawford and Davis, emphasizing the declarant’s intent. She also raises the question of the dying declarations exception to the Confrontation Clause, noting the Michigan Supreme Court waived the issue.