Summers v. State

Rose C. J.,

with whom Maupin and Douglas, JJ., agree, concurring in part and dissenting in part:

Although I agree with the majority that Summers is not entitled to relief, I dissent in regard to the majority’s conclusion that the Confrontation Clause and Crawford v. Washington1 do not apply to capital penalty hearings. The majority opinion relies on a fifty-seven-year-old United States Supreme Court case that was decided well before any of the .United States Supreme Court’s more recent death penalty pronouncements. The United States Supreme Court *1336has not addressed this precise issue but has…