The Court held that if a trial court determines by a preponderance of the evidence that a witness is unable to testify because the defendant wrongfully procured the witness’s unavailability and acted with intent to do so, the forfeiture-by-wrongdoing exception can be applied in order to deny a defendant’s rights under the Confrontation Clause of the Sixth Amendment. The Court also held that in determining whether the forfeiture-by-wrongdoing exception applies, the trial court must hear the opposing parties’ arguments in the absence of a jury.
Matloff, Alexandra, "Anderson (Arnold) v. State, 135 Nev. Adv. Op. 37 (Sept. 5, 2019)" (2019). Nevada Supreme Court Summaries. 1254.