State v. Moua Her

Although I would affirm Her’s conviction, I would do so on different grounds. I would not, as the court does, stretch beyond all bounds the forfeiture-by-wrongdoing doctrine in order to save this conviction. First, there is no need to apply the forfeiture doctrine; Vang’s statements to the police do not run afoul of the Confrontation Clause because they are not testimonial. More importantly, the court’s determination that application of the forfeiture doctrine requires no showing that the defendant intended to procure the unavailability of the victim is simply wrong.

I

Whether Her’s conviction…