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SHERIFF v. WITZENBURG

No. 45462.

145 P.3d 1002 (2006)

SHERIFF, Clark County, Appellant, v. Brett WITZENBURG, Respondent.

Supreme Court of Nevada.

November 9, 2006.

Attorney(s) appearing for the Case

George Chanos, Attorney General, Carson City; David J. Roger, District Attorney, and Steven S. Owens and James Tufteland, Chief Deputy District Attorneys, Clark County, for Appellant.

Philip J. Kohn, Public Defender, and Kevin C. Speed, Deputy Public Defender, Clark County, for Respondent.

Before the Court En Banc.

OPINION

GIBBONS, J.

In this appeal, we address whether the Sixth Amendment Confrontation Clause and, therefore, Crawford v. Washington,1 apply at a preliminary examination. Respondent Brett Witzenburg was charged with various property crimes against three out-of-state alleged victims. At Witzenburg's preliminary examination, the State introduced the alleged victims' affidavits in lieu of their personal appearance...

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