United States v. Darnell Hayes

The majority confesses to being “somewhat queasy” about today’s decision, and rightly so: no case, until today, has suggested that the government may conduct videotaped depositions of key prosecution witnesses for use as substantive evidence at trial while simultaneously eliciting incriminating statements from a defendant outside his counsel’s presence. The majority insists that its “clean and clear rule” — that “adversary judicial proceedings” may be initiated only “by way of formal charge, preliminary hearing, indictment, information, or arraignment” — is both compelled by Supreme Court…