This section contains the nature of the case and procedural background.

Garner (D) was charged with importing heroin from Europe. Robinson, who participated with D in the scheme, testified before a grand jury. At D's trial, however, he repudiated his grand jury testimony. He was declared unavailable as a witness, and the court allowed his grand jury testimony to be admitted into evidence under the residual hearsay exception. D appealed, claiming that this was a violation of the United States Constitution's Confrontation Clause.

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