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Michigan v. Bryant

United States Supreme Court

562 U.S. 344 (2011)

Relevant factsFree

Police found Anthony Covington severely wounded by a gunshot at a gas station and, as officers arrived at different times, each asked him what happened, who shot him, and where. Covington said Richard 'Rick' Bryant (defendant) shot him through a door as Covington was leaving Bryant's back porch, described Bryant's appearance, and gave the location of Bryant's home about six blocks away, though he didn't know where Bryant was at that moment; Covington also repeatedly asked when medical help would arrive and died shortly after being taken to the hospital. At Bryant's murder trial, the state introduced Covington's statements to police as excited utterances. The Michigan Supreme Court reversed, holding the statements were testimonial and fell outside the emergency exception recognized in Davis v. Washington, and the state appealed.

IssueFree

Whether statements made to police to help them address an ongoing emergency are testimonial for purposes of the Confrontation Clause.

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