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Davis v. Washington

Docket No.: 05-5224
Certiorari Granted: 10/31/2005
Argued: March 20, 2006
Decided: June 19, 2006

Topics:

Criminal Procedure, Confrontation

PartyNames: GONZALES, ATTORNEY GENERAL v. THOMAS et al.
Petitioner: Adrian Martell Davis
Respondent: Washington

Court Below: Supreme Court of Washington

Adrian Martell Davis
v.
Washington
547 U.S. 813 (2006)
Question Presented:

Whether an alleged victim's statements to a 911 operator naming her assailant -- admitted as "excited utterances" under a jurisdiction's hearsay law - constitute "testimonial" statements subject to the Confrontation Clause restrictions enunciated in Crawford v. Washington, 541 U.S. 36 (2004).

Question:

Under the U.S. Supreme Court's interpretation of the Sixth Amendment in Crawford v. Washington, may statements made to police during investigation of a crime, though not made with the intent to preserve evidence, be admitted in court without allowing defendants to cross-examine the person who made the original statements?

Note:

THIS CASE IS TO BE ARGUED IN TANDEM WITH 05-5705.

Holding: adjudged to be affirmed
Vote: 8-1
Opinion By:
Read DAVIS V. WASHINGTON opinion (PDF)
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