Judge Barkett wrote a nice dissent in Childers v. Floyd, a recent en banc decision by our favorite
"I dissent from the majority’s opinion in two respects. ...viewing this record de novo, Childers was not afforded the fair trial guaranteed by the Sixth Amendment because he could not present crucial evidence that the State’s star witness, Willie Junior, had fabricated the evidence against him. Knowing that Junior told different stories, without any evidence of Elliot’s acquittal or the attempt to revoke Junior’s plea agreement, merely permitted the jury to infer that Junior was a typical cooperating witness with an incentive to assist the State and that his inconsistent statements were simply the product of memory lapses."
Given Justice Scalia's love of the Confrontation thingamagig, this could make it up.
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