CA6 to Rule on Whether 911 Calls Are "Testimonial"?

The Sixth Circuit may soon rule on whether a 911 telephone call is testimonial in nature for Crawford Confrontation Clause purposes, as it yesterday granted en banc review in United States v. Arnold, No. 04-5384. Arnold, as originally issued, held that a jury conviction for being a felon in possession of a firearm was against the manifest weight of the evidence. United States v. Arnold, 410 F.3d 895 (6th Cir. 2005). Even though that was dispositive of the matter, Judge Carmen (of the U.S. Court of International Trade) joined by Judge Moore, felt obliged to opine that admission of a 911 telephone call violated both the rules of evidence and the Confrontation Clause. The opinion was later amended in a form that was whittled down to the manifest weight of evidence analysis. See 434 F.3d 396.