Delaware v. Fensterer

In this case, the Delaware Supreme Court reversed respondent William Fensterer’s conviction on the grounds that the admission of the opinion testimony of the prosecution’s expert witness, who was unable to recall the basis for his opinion, denied respondent his Sixth Amendment right to confront the witnesses against him. 493 A. 2d 959 (1985). We conclude that the Delaware Supreme Court misconstrued the Confrontation Clause as interpreted by the decisions of this Court.

I

Respondent was convicted of murdering his fiancée, Stephanie Ann Swift. The State’s case was based on circumstantial…