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Constitutional Law – Confrontation Clause (access required)

Posted: 1:00 am Mon, March 22, 2010
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The admission of grand jury testimony of a potential State witness who expressed reluctance to testify at trial violated the defendant’s Confrontation Clause rights and was not harmless beyond a reasonable doubt.

Because the evidence implicating defendant was legally sufficient, a retrial of the defendant does not violate the Double Jeopardy Clause.

Reversed and remanded for a new trial.

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