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Crawford Vs. Washington

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  • US Supreme Court
  • Mar 08, 2004

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  1. Pointer Vs. Texas US Supreme Court · Apr 05, 1965
  2. Douglas Vs. Alabama US Supreme Court · Apr 05, 1965
  3. Syllabus October Term, 2003 Crawford V. Washington
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  4. Supreme Court of the United States Crawford V. Washington
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  5. Under Ohio v. Roberts
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  6. common-law right of confrontation, admitting only those exceptions established at the time of the founding. See Mattox v. United
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  7. Connor, J., joined. Crawford v. Washington
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  8. Opinion of the Court Crawford V. Washington
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  9. Supreme Court of the United States No. 02-9410 Michael D. Crawford, Petitioner V. Washington
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  10. s out-of-court statements admissible under a hearsay exception, see State v. Burden
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  11. Amdt. 6. According to our description of that right in Ohio v. Roberts
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  12. Wash. 2d 424, 437, 54 P. 3d 656, 663 (2002) (quoting State v. Rice
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  13. We have held that this bedrock procedural guarantee applies to both federal and state prosecutions. Pointer v. Texas
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  14. a defendant to mean those who actually testify at trial, cf. Woodsides v. State
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  15. s accusers is a concept that dates back to Roman times. See Coy v. Iowa
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  16. s Case , Kel. J. 17, 18, 84 Eng. Rep. 1061, 1062 (1662) (treason). But see King v. Westbeer
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  17. s Bench answered this question in the affirmative, in the widely reported misdemeanor libel case of King v. Paine
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  18. cf. Carmell v. Texas
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  19. Many who expressed this view acknowledged that it meant the statutes were in derogation of the common law. See King v. Eriswell
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  20. were applying the cross-examination rule even to examinations by justices of the peace in felony cases. See King v. Dingler
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  21. King v. Woodcock
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  22. cf. King v. Radbourne
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  23. Queen v. Beeston
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  24. Draft of Argument in Sewall v. Hancock
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  25. Amendment. Early state decisions shed light upon the original understanding of the common-law right. State v. Webb
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  26. Id., at 104. Similarly, in State v. Campbell
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  27. was inadmissible in criminal cases even if the accused had a previous opportunity to cross-examine. See Finn v. Commonwealth
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  28. State v. Atkins
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  29. but only after reaffirming that admissibility depended on a prior opportunity for cross-examination. See United States v. Macomb
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  30. State v. Houser
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  31. Kendrick v. State
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  32. Bostick v. State
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  33. Commonwealth v. Richards
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  34. State v. Hill
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  35. Johnston v. State
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  36. accord, Dutton v. Evans
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  37. White v. Illinois
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  38. of confrontation at common law, admitting only those exceptions established at the time of the founding. See Mattox v. United
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  39. We do not infer from these that the Framers thought exceptions would apply even to prior testimony. Cf. Lilly v. Virginia
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  40. s prior trial testimony. Mattox v. United
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  41. hearing testimony is admissible only if the defendant had an adequate opportunity to cross-examine. See Mancusi v. Stubbs
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  42. California v. Green
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  43. cf. Kirby v. United
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  44. we excluded the testimony where the government had not established unavailability of the witness. See Barber v. Page
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  45. cf. Motes v. United
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  46. We similarly excluded accomplice confessions where the defendant had no opportunity to cross-examine. See Roberts v. Russell
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  47. Bruton v. United
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  48. beyond prior opportunity for cross-examination when the hearsay statement at issue was not testimonial. See Dutton v. Evans
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  49. plurality opinion). Even our recent cases, in their outcomes, hew closely to the traditional line. Ohio v. Roberts
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  50. admitted testimony from a preliminary hearing at which the defendant had examined the witness. Lilly v. Virginia
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