Sheriff v. Witzenburg

OPINION

By the Court,

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, as permitted under NRS 171.197. Witzenburg argued that the affidavits violated his Sixth Amendment right to confront the witnesses against him in light of the United…