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Name: U.S. v. Boone
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/18/2000
Subsequent History: None

The girlfriend of Williams, a codefendant, surreptitiously taped his statements implicating him and Boone in an armed robbery. Over Boone’s objections, the statements were received in evidence as statements against interest. Boone argued that admission violated his right under the Sixth Amendment to confront and cross-examine Williams, the hearsay declarant, citing Lilly v. Virginia (1999) 527 U.S. 116. The appellate court here distinguished Lilly, which dealt with a confession obtained by police during an in-custody interrogation. Here, the conversation occurred in a private setting between Williams and his girlfriend, with no police involvement as far as Williams knew. The statements were unselfconsciously self-incriminating and not an effort to shift blame. Because the circumstances surrounding the statements provided the guarantee of trustworthiness, the confrontation clause was satisfied.