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WHITE v. ILLINOIS

No. 90-6113.

502 U.S. 346 (1992)

WHITE v. ILLINOIS

United States Supreme Court.

Decided January 15, 1992.

Attorney(s) appearing for the Case

Gary R. Peterson argued the cause for petitioner. With him on the briefs was Daniel D. Yuhas.

Arleen C. Anderson argued the cause for respondent. With her on the brief were Roland W. Burris, Rosalyn B. Kaplan, Terence M. Madsen, and Douglas C. Smith.

Stephen L. Nightingale argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Bryson.*

Rehnquist, C. J., delivered the opinion of the Court, in which White, Blackmun, Stevens, O'Connor, Kennedy, and Souter, JJ., joined, and in which Scalia and Thomas, JJ., joined except for the discussion rejecting the United States' proposed reading of the "witness against" Confrontation Clause phrase. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia, J., joined, p. 358.

Chief Justice Rehnquist delivered the opinion of the Court.

In this case, we consider whether the Confrontation Clause of the Sixth Amendment requires that, before a trial court admits testimony under the "spontaneous declaration" and "medical examination" exceptions to the hearsay rule, the prosecution must either produce the declarant at trial or the trial court must find that the declarant is unavailable. The Illinois...

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