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DoJ files brief on confrontation right at sentencing

Via Scotusblog, the Justice Department filed a brief in Fields v. United States this week in which it argues that the Supreme Court should not accept certiorari on the issue of whether the Confrontation Clause applies at a capital sentencing hearing. Fields filed a reply brief today in which his counsel argues that this issue is ripe for a determination by the Supreme Court based upon the conflict in lower court decisions.

This case may have a significant impact on Nevada based upon last years 4-3 decisions holding that the Confrontation Clause does not apply to capital sentencing trials. The certiorari petitions of Donte Johnson and Marlo Thomas remain pending before the Supreme Court and are presumably being held for consideration along with Fields.

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