Sarah M. Buel

85 Texas L. Rev. See Also 19

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In this response, Professor Buel expounds on some of the constitutional issues that Professor Lininger discussed in his piece.  By extending Sixth Amendment protection to defendant conduct, Buel argues that the Court is going beyond its intended meaning of simply preventing the state from denying defendants an opportunity to confront their accusers.  Furthermore, Buel notes that the Court’s new bright line test for testimonial and nontestimonial hearsay creates more confusion than clarity by imparting a difficult temporal element that is virtually impossible for courts to utilize in a meaningful and consistent manner.