Morten v. United States

Appellants were found guilty by a jury of conspiracy to commit murder, first-degree premeditated murder, and multiple counts of armed assault with intent to kill, as well as related weapons offenses. We postponed resolution of their consolidated appeals until the Supreme Court decided Crawford v. Washington, — U.S. —, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and received supplemental briefing. The principal issue now presented is whether the admission against appellants of certain hearsay statements of nontestifying code-fendants as declarations against penal interest, in conceded violation of…