The Sixth Amendment provides that in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him”. The Amendment contemplates that a witness who makes testimonial statements admitted against a defendant will ordinarily be present at trial for cross-examination, and that if the witness is unavailable, his prior testimony will be introduced only if the defendant had a prior opportunity to cross-examine him. Crawford, 541 U.S. at 68.

The court considered whether a defendant forfeits his Sixth Amendment right to confront a witness against him when a judge determines that a wrongful act by the defendant made the witness unavailable to testify at trial.

In Mark’s case, the issue was whether Mark killed his wife to keep her from testifying. Mark did not kill his wife to keep her from testifying, and that is why Mark’s conviction will be overturned.

“We decline to approve an exception to the Confrontation Clause unheard of at the time of the founding or for 200 years thereafter. The judgment of the California Supreme Court is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.”