Defendants in criminal cases get to decide whether remote testimony will be allowed. That six-to-zero decision was issued Monday by the Michigan Supreme Court.
The court said video testimony can violate a defendant’s right to confront opposing witnesses. Both the U.S. and Michigan constitutions have confrontation clauses.
Kristin Lavoy is the defense attorney for a man convicted of criminal sexual conduct.
She says the decision means prosecutors can't decide to use remote testimony due to cost or convenience.