NACDL - Hammon v. Indiana

Hammon v. Indiana

Amicus curiae brief of the NACDL and the Public Defender Service for the District of Columbia.

Brief filed: 12/23/2005

Documents

Hammon v. Indiana

United States Supreme Court; Case No. 05-5705

Argument

Alleged domestic disturbance victim’s oral accusation made to an investigating officer at the scene of an alleged crime was a testimonial statement within the meaning of Crawford v. Washington,541 U.S. 36 (2004) where accuser did not testify at trial and was not subject to cross-examination; amici urge the Court to adopt a “bright line” rule that “testimonial” statements made to police and government agents require confrontation at trial. See also Davis v. Washington, No. 05-5224 (statements made during 911 call erroneously admitted at trial under “excited utterance” hearsay exception).

Author(s)

Timothy P. O'Toole, et al.