Heather Swain, Appellant v. State of Arkansas, Appellee — Baker, J., Dissenting

Summary

Justice Baker dissented from the majority's conclusion that statements by nontestifying codefendants relayed by officers during an interrogation did not implicate the Confrontation Clause because they were used as an interrogation technique rather than for their truth. The dissent reasoned that the statements were testimonial, constituted hearsay within hearsay, and created a substantial risk that the jury would use them substantively despite their purported nonhearsay purpose. Justice Baker would have reversed and remanded for a new trial.