Allshouse v. Pennsylvania
Brief Details
- Case No.: 09-1396
- Brief Filed: June 07, 2010
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Argument(s)
Petitioner was convicted in state court of simple assault and endangering the welfare of a child; state supreme court held that a statement by the infant’s four-year-old sister to a county children’s and youth services investigator that petitioner injured the infant’s arm was “nontestimonial” and admissible without violating the Sixth Amendment Confrontation Clause. Statements elicited by government child advocacy investigators are forensic in nature and therefore testimonial, although there is a split in authority on this question.
Author(s)
Prof. Jules Epstein, Widener University School of Law, Wilmington, DE.
