The People of the State of Colorado, Petitioner v. Richard Dee Fry, Respondent

Summary

The court held that admitting an unavailable witness's preliminary-hearing testimony violated the Confrontation Clause because Colorado preliminary hearings do not provide an adequate prior opportunity for cross-examination. It rejected the former reliability-based inquiry and held that the constitutional error was not harmless beyond a reasonable doubt because the testimony was important to the prosecution's case and the remaining evidence was subject to substantial attack. Justice COATS, joined by Justice KOURLIS, dissented and would have held that the preliminary hearing provided the constitutionally required opportunity for cross-examination.