In Petitioner's case, the Louisiana Fourth Circuit Court of Appeals announced a change in prior law that inculpatory hearsay statements made by witnesses that do not testify at trial now may be admitted through a lead investigator to explain his or her investigation. The Louisiana Supreme Court denied a petition for certiorari to review this decision. Shortly after affirming Mr. Caston's conviction, the Louisiana Fourth Circuit reaffirmed this understanding of the new rule affirming another murder conviction on this basis. The question presented is whether permitting introduction of inculpatory evidence of a non-testifying witness through an investigating officer violates the Confrontation Clause as espoused in Crawford v. Washington, 541 U.S. 36 (2004)?

Whether the Confrontation Clause permits introduction of inculpatory evidence through an investigating officer when the underlying witness does not testify