Heather Swain, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed Swain's convictions, holding that detectives' references during her police interview to statements by non testifying codefendants were introduced to explain and elicit her changing responses, not to prove the truth of those statements. Because the references were therefore nonhearsay, the court concluded that they did not implicate the Confrontation Clause, particularly where the jury received a limiting instruction. Justice Baker, dissenting, would have held that relaying testimonial accusations through police questioning did not avoid the Confrontation Clause and would have ordered a new trial.