DEVONSHIRE v. U.S.

Nos. 94-CF-1624, 94-CO-1662, 95-CF-7.

691 A.2d 165 (1997)

Kevin R. DEVONSHIRE, Appellant, v. UNITED STATES, Appellee. Ronnie T. VINES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 27, 1997.


Attorney(s) appearing for the Case

M. Elizabeth Kent, Washington, DC, appointed by the court, for appellant Devonshire.

Joseph Virgilio, appointed by the court, for appellant Vines.

Steven E. Rindner, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher, Elizabeth Trosman, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, Chief Judge, and STEADMAN and KING, Associate Judges.


KING, Associate Judge:

Today we hold, consistent with every state and federal court that has considered the issue, that a defendant who kills a potential witness, who is expected to give damaging testimony against the killer in some future proceeding, waives the right under the Confrontation Clause of the Sixth Amendment to object to the admission of that witness's out-of-court statements. We also hold that, under such circumstances, a defendant waives the right to...

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