The Sixth Amendment’s Confrontation Clause provides that, “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” This bedrock procedural guarantee applies to both federal and state prosecutions. Pointer v. Texas, 380 U. S. 400, 406 (1965). In Ohio v. Roberts, 448 U. S. 56 (1980), the Supreme Court held that the Confrontation Clause does not bar admission of an unavailable witness’s statement against a criminal defendant if the statement bears “adequate ‘indicia of reliability.’” Id., at 66. To meet that test, evidence had to either fall within a “firmly rooted hearsay exception” or bear “particularized guarantees of trustworthiness.” Ibid. The Sixth Amendment’s Confrontation Clause provides that, “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” This bedrock procedural guarantee applies to both federal and state prosecutions. . In , the Supreme Court held that the Confrontation Clause does not bar admission of an unavailable witness’s statement against a criminal defendant if the statement bears “adequate ‘indicia of reliability.’” ., at 66. To meet that test, evidence had to either fall within a “firmly rooted hearsay exception” or bear “particularized guarantees of trustworthiness.” Ibid.
The Supreme Court revisited Ohio v. Roberts in Crawford v. Washington, 541 U.S. 36 (2004). In Crawford, the Supreme Court held that “[w]here testimonial evidence is at issue . . . the Sixth Amendment demands . . . unavailability and a prior opportunity for cross-examination” in order for the evidence to be admitted. Id., at 68. The Supreme Court left for another day a comprehensive definition of “testimonial,” but did find, inter alia, that statements made during police interrogation were testimonial in nature.
For federal habeas practitioners it is important to remember that Crawford is not retroactive to cases already final on direct review at the time Crawford was decided, i.e., March 8, 2004. Whorton v. Bockting, 549 U.S. 406 (2007).
Click here to see summaries of all Supreme Court Confrontation Clause cases post-Crawford, as well as the state and federal cases after Crawford granting relief on Confrontation Clause grounds. The case summaries are complete through July 31, 2012. They were prepared by John R. Mills for Habeas Assistance and Training.