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UNITED STATES v. SALERNO

No. 91-872.

505 U.S. 317 (1992)

UNITED STATES v. SALERNO et al.

United States Supreme Court.

Decided June 19, 1992.

Attorney(s) appearing for the Case

James A. Feldman argued the cause for the United States. With him on the briefs were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Bryson.

Michael E. Tigar argued the cause for respondents. With him on the brief was Gustave H. Newman.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., filed a concurring opinion, p. 325. Stevens, J., filed a dissenting opinion, p. 326.

Justice Thomas, delivered the opinion of the Court.

Federal Rule of Evidence 804(b)(1) states an exception to the hearsay rule that allows a court, in certain instances, to admit the former testimony of an unavailable witness. We must decide in this case whether the Rule permits a criminal defendant to introduce the grand jury testimony of a witness who asserts the Fifth Amendment privilege at trial.

I

The seven respondents, Anthony Salerno, Vincent...

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