As the Court has granted cert on two Confrontation Clause cases, I think this case should be held. New Mexico v. Earnest, No. 85-162 (Oct. 18 Conference), which raises the question whether the Clause precluded admitting a hearsay confession of a codefendant without first considering the statement's reliability, will discuss issues of reliability and will reinterpret Ohio v. Roberts, 448 u.s. 56 (1980) in ways that are certain to be relevant to this case. Delaware v. Van Arsdall, No. 84-1279, raises the question of whether barring the defendant from cross-examining a witness about a possible deal with the prosecutors in exchange for his testimony was per se reversible error. This case does not present the harmless error issue, and the trial court here took no action to restrict cross-examination. However, Van Arsdall will probably discuss the adequacy of cross-examination which would be relevant here.
Justice Correspondence, Delaware v. Fensterer, 474 U.S. 15 (1985). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.