State of West Virginia v. David K.

I concur with the decision to affirm the petitioner’s convictions, but vehemently dissent with the manner in which the holding is reached. Ultimately, this case requires the Court to determine whether the petitioner’s rights under the Confrontation Clause—set forth in the Sixth Amendment to the United States Constitution and in section 14 of article III of the West Virginia Constitution— were violated.1 In so doing, the majority has made an error of constitutional magnitude in permitting the legislative branch of government to define the parameters of constitutionality. The majority compounds…