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DAVIS v. WASHINGTON

No. 05-5224.

547 U.S. 813 (2006)

DAVIS v. WASHINGTON

Supreme Court of United States.

Decided June 19, 2006.

Attorney(s) appearing for the Case

Jeffrey L. Fisher, by appointment of the Court, 546 U.S. 1074, argued the cause for petitioner in No. 05-5224. With him on the briefs was Nancy Collins. Richard D. Friedman, by appointment of the Court, 546 U.S. 1088, argued the cause for petitioner in No. 05-5705. With him on the briefs was Kimberly A. Jackson.

James M. Whisman argued the cause for respondent in No. 05-5224. With him on the brief were Norm Maleng, Deborah A. Dwyer, and Lee D. Yates. Thomas M. Fisher, Solicitor General of Indiana, argued the cause for respondent in No. 05-5705. With him on the brief were Steve Carter, Attorney General, and Nicole M. Schuster and Julie A. Hoffman, Deputy Attorneys General.

Deputy Solicitor General Dreeben argued the cause for the United States as amicus curiae urging affirmance in No. 05-5224. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Irving L. Gornstein, and Joel M. Gershowitz.

Mr. Gornstein argued the cause for the United States as amicus curiae urging affirmance in No. 05-5705. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, and Deputy Solicitor General Dreeben.†

JUSTICE SCALIA delivered the opinion of the Court.

These cases require us to determine when statements made to law enforcement personnel during a 911 call or at a crime scene are "testimonial" and thus subject to the requirements of the Sixth Amendment's Confrontation Clause.

I

A

The relevant statements in Davis v. Washington, No. 05-5224, were made to a 911 emergency operator on...

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