United States v. Shayota

California couple undertakes a multimillion-dollar scheme to sell counterfeit 5-hour Energy. Can the government introduce deposition testimony from co-conspirators in an earlier civil case who are now “unavailable” due to invoking their Fifth Amendment right against self-incrimination? Or does that violate the Confrontation Clause of the Sixth Amendment. Ninth Circuit: No need to answer that because the testimony didn’t make a difference. Concurrence: But a closer look at the history of the Confrontation Clause suggests that maybe it should have been excluded.

Tags: 2019, Confrontation Clause, Fifth Amendment, Ninth Circuit, Self-Incrimination, Sixth Amendment

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