Interaction With Other Laws
The states are free to interpret similar clauses in state constitutions more strictly than the Supreme Court's interpretation of the federal Confrontation Clause.
Because many jurisdictions, including the federal courts and a number of states, practice constitutional abstention many cases that include Confrontation Clause violations are decided on other grounds. Constitutional abstention is a judicial preference to resolve dispositive non-constitutional issues first, and only turning to constitutional issues if they are necessary to resolve the case. In Confrontation Clause cases, constitutional abstention most typically occurs where the court resolves a hearsay issue based on the relevant evidence code before turning to the Confrontation Clause analysis. Thus, a preference for interpreting other closely related laws first often leaves Confrontation Clause issues unaddressed.
Read more about this topic: Confrontation Clause
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