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Appellate Procedure – Waiver of Argument: Confrontation – Crawford Issue, Trial Held Before Crawford Decided

State v. Jeffrey Lorenzo Searcy, 2006 WI App 8
For Searcy: Joseph L. Sommers

Issue/Holding: Failure to raise a Crawford objection didn’t amount to waiver: “However, Searcy could not have raised at trial a Confrontation Clause claim based on Crawford v. Washington, 541 U.S. 36 (2004), because his December 2002 trial preceded the March 2004 Crawford decision by well over a year. See State v. Savanh, 2005 WI App 245, ¶11 n.2, No. 2004AP2583-CR,” ¶41 n. 9.

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