Sheriff v. Witzenburg

Rose, C. L,

concurring:

I concur in the result reached by the majority but disagree with its reasoning. We have historically concluded that the Sixth Amendment Confrontation Clause applies at a preliminary exami*1063nation. Therefore, I disapprove of today’s departure from this principle and the majority’s conclusion that Crawford v. Washington1 does not apply at a preliminary examination, without clear direction to the contrary from the United States Supreme Court. I conclude that Witzenburg’s constitutional rights were violated by the use of the alleged-victims’ affidavits at his preliminary…