U.S. v. Saner, No. IP-03-181-CR-M/F (S.D.Ind.) (313 F.Supp.2d 896) (April 9, 2004) (Judge Larry J. McKinney)
Based on Crawford, the Confrontation Clause bars the use of a coconspirator’s statement against a co-defendant after he became unavailable for cross-examination by invoking his Fifth Amendment right not to incriminate himself.
This is one of the first cases we have seen interpreting the Supreme Court’s recent decision in Crawford …
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