Bill of Rights. (From the public domain.)

When is a 911 recording admissible under the Sixth Amendment as non-testimonial evidence at a criminal trial ?

If one relies on the sharp 4-3 split in today’s Maryland Court of Appeals decision on that question, the answer is far from clearcut. Langley v. Maryland, ___ Md. ___ (Sept. 19, 2011). Here, sadly, the prosecution won the appeal.