Dwayne Giles shot his ex-girlfriend, Brenda Avie, six times outside his grandmothers house, ultimately killing her and

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Dwayne Giles shot his ex-girlfriend, Brenda Avie, six times outside his grandmother’s house, ultimately killing her and fleeing the scene. There was no witness to the crime, and Giles maintained at trial that he used the gun in self-defense, with his eyes closed and with no intent of murdering his ex. Avie’s wounds indicated that during the attack she had been lying on the ground with her hands up. During the trial, the prosecution introduced statements Avie had given to police three weeks prior to her death to the effect that Giles had choked her and threatened her with a knife. California law allows juries to hear such threats when a witness is unavailable to testify at trial. Giles was convicted but appealed based on his Sixth Amendment right to confront and cross-examine witnesses testifying against him. Should Giles’s conviction stand? [Giles v.California, 128S. Ct. 2678 (2008).]


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