Fisher v. Commonwealth
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The Supreme Court affirmed the circuit court's judgment convicting Defendant of complicity to murder and tampering with physical evidence, holding the trial court did not err in admitting unreacted out-of-court statements in which Defendant's co-defendant incriminated herself and Defendant to a cellmate who testified at trial.
Specifically, the Supreme Court held (1) the trial court did not err in ruling that the Confrontation Clause was not implicated because the co-defendant's out-of-court statements to her cellmate were not testimonial and sufficient corroboration otherwise supported the admissibility of the statements; (2) the trial court did not err in admitting a jail phone call of Defendant; and (3) the Commonwealth's Attorney improperly questioned a witness, but the error did not render Defendant's trial fundamentally unfair.
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