State of Tennessee v. Judge Brooks - Concurring and Dissenting

I concur in the reasoning and result reached in the majority opinion save in one area. I respectfully disagree with its conclusion that the defendant’s right to confrontation was forfeited by virtue of his wrongfully killing the victim. The majority opinion essentially holds that wrongfully causing the victim’s unavailability to testify at the defendant’s trial for murdering the victim forfeits the defendant’s right to confrontation, which allows all relevant statements by the victim to be admitted into evidence. I believe the forfeiture by wrongdoing doctrine should require that the defendant procure the absence of the declarant with the intent that the declarant not be a witness.