Citation. Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177, 2004 U.S. LEXIS 1838, 72 U.S.L.W. 4229, 63 Fed. R. Evid. Serv. (Callaghan) 1077, 17 Fla. L. Weekly Fed. S 181 (U.S. Mar. 8, 2004)
Brief Fact Summary. Petitioner’s wife gave a tape-recorded description of the stabbing her husband was involved in. The tape was played at trial, but she did not testify.
Synopsis of Rule of Law. “[W]here testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is confrontation.”ť
Petitioner stabbed a man who allegedly tried to rape his wife. He and his wife, Sylvia, were arrested and interrogated. Sylvia’s statement cast doubt on her husband’s assertion of self-defense. At petitioner’s trial, Sylvia’s tape was used at trial, although she herself did not testify due to Washington’s martial privilege rule. Petitioner objected. Prosecutor invoked a hearsay exception. The Washington Court of Appeals, after applying a nine-part test, it upheld the conviction. Issue.
“[W]hether the State’s use of Sylvia’s statement violated the Confrontation Clause.”ť