People v. Newton

I concur with the result reached by the majority and with the court’s analysis in Parts I and III. I write separately only to express my concern that the majority’s analysis in Part II extends beyond the scope of our grant of certiorari.

We granted certiorari in this case to determine whether the court of appeals erred in adopting or applying the rule of Williamson v. United States, 512 U.S. 594, 114 S.Ct. 2431, 129 L.Ed.2d 476 (1994), regarding the hearsay exception for statements against penal interest. The court of appeals determined that Cummins’s statement at issue was improperly admitted…