State v. Clark

JUSTICE LEAPHART,

specially concurring.

¶53 I concur with the Court’s resolution of issues 2,3 and 4. As to issue 1,1 agree with the Court’s conclusion that Rule 803(8), M.R.Evid., violates the Confrontation Clause of the Montana Constitution and that Clark’s conviction should be reversed. Accordingly, I would not reach the question of whether Rule 803(8) violates the Due Process Clause.