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See Forfeiture by wrongdoing doctrine. Although out-of-court statements ordinarily may not be admitted to prove the truth of the matters asserted, the doctrine of forfeiture by wrongdoing allows such statements to be admitted where the defendant's own misconduct rendered the declarant unavailable as a witness at trial. The Supreme Court applied this doctrine in Reynolds v. United States, 98 U.S. 145, 25 L. Ed. 244 (1878), stating that 'the Constitution gives the accused the right to a trial at which he should be confronted with the witnesses against him; but if a witness is absent by [the accused's] own wrongful procurement, he cannot complain if competent evidence is admitted to supply the place of that which he has kept away.' Id. at 158. By 1996, every circuit to address the issue had recognized this doctrine. See United States v. Houlihan, 92 F.3d 1271, 1280 (1st Cir. 1996); United States v. Mastrangelo, 693 F.2d 269, 273-74 (2d Cir. 1982); Steele v. Taylor, 684 F.2d 1193, 1202 (6th Cir. 1982); United States v. Thevis, 665 F.2d 616, 631 (5th Cir. 1982); United States v. Balano, 618 F.2d 624, 629 (10th Cir. 1979); United States v. Carlson, 547 F.2d ...

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