State v. Lewis

NEWBY, Justice.

Having originally decided this case concerning defendant's Confrontation Clause rights through the general approach provided by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), we now address it under the specific guidance of Davis v. Washington, ___ U.S. ___, 126 *826 S.Ct. 2266 , 165 L.Ed.2d 224 (2006). We conclude that Davis controls and that defendant is entitled to a new trial, thereby modifying and affirming the decision of the Court of Appeals.

I. BACKGROUND

Defendant was indicted for assault with a deadly weapon…