Section 23.68 Definition and Principle

• Library: Criminal Practice 2012 Supp

A. (§23.68) Definition and Principle

The United States Supreme Court, in Crawford v. Washington, 541 U.S. 36 (2004), recently held that out-of-court statements by a witness that are testimonial are barred, under the Confrontation Clause, unless the witness is unavailable and the defendant had prior opportunity to cross-examine the witness, regardless of whether these statements are deemed reliable by the court, abrogating Ohio v. Roberts, 448 U.S. 56 (1980). Crawford states that there is no Confrontation Clause problem when the declarant testifies. Crawford has not been applied in a published opinion by the Missouri courts as of the time of this writing.

A hearsay statement is an out-of-court statement that is offered to prove the truth of the matter asserted and, thus, rests for its value on the credibility of the out-of-court declarant. State v. Harris, 620 S.W.2d 349, 355 (Mo. banc 1981). A hearsay statement is generally inadmissible. State v. Shurn, 866 S.W.2d 447...