Ohio v. Clark

Amicus Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Respondent. 

Brief filed: 01/14/2015


Ohio v. Clark

United States Supreme Court; Case No. 13-1352

Prior Decision

Decision below 137 Ohio St.3d 346, 2013-Ohio-4731.


Teachers play a critical role in the prosecution of child abuse cases. Teachers question abused children for the primary purpose of gathering evidence for future prosecution. States assign other non-law enforcement officials to investigate child abuse cases. Reversing the Ohio Supreme Court would give law enforcement a roadmap to exempt child abuse testimony from confrontation. The right to confrontation through cross-examination is especially critical in child abuse cases because, as this Court has acknowledged, children are particularly susceptible to suggestion and often produce unreliable and imagined testimony.

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Stephen A. Miller, Cozen O’Connor, Philadelphia, PA; David Porter, Sacramento, CA.