Michigan v. Bryant

Background

At about 3:25 a.m. police found Anthony Covington bleeding and mortally wounded in a gas station parking lot. Covington told officers that a man he recognized as “Rick” had shot him through the back door of Rick’s house and that he had driven to the lot. Officers questioned him for about five to ten minutes before emergency medical services arrived. At trial the officers testified about Covington’s statements; he later died.

Reasoning

The Supreme Court took up whether the Sixth Amendment’s right to confront witnesses barred admission of those out-of-court statements. The Court applied an objective “primary purpose” test, asking whether the interrogation’s main goal was to enable police to meet an ongoing emergency. It held Covington’s answers were non-testimonial because officers were addressing a potential threat to the victim, police, and public, the shooter’s location and motive were unknown, the victim was gravely injured, and questioning was informal and aimed at getting help.

Real world impact

The ruling lets prosecutors introduce victims’ on-scene identifications when questioning is objectively aimed at meeting an emergency, not at collecting testimony for trial. Trial courts must look to the circumstances, the statements and actions of police and declarant, and factors like weapon type and medical condition. The decision vacated the state court’s reversal and remanded the case for further state-law evidentiary rulings.

Dissents or concurrances

Justice Thomas agreed in the judgment but emphasized informality and lack of solemnity as the basis for non-testimonial treatment. Justices Scalia and Ginsburg dissented, arguing Covington’s intent matters and that his statements were testimonial; Justice Ginsburg also noted the dying-declaration issue was not preserved for review. Justice Kagan did not participate.