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Hammon v. Indiana

Docket No.: 05-5705
Certiorari Granted: 10/31/2005
Argued: March 20, 2006
Decided: June 19, 2006

Topics:

Criminal Procedure, Confrontation

PartyNames: Hershel Hammon v. Indiana
Petitioner: Hershel Hammon
Respondent: Indiana

Court Below: Supreme Court of Indiana

Hershel Hammon
v.
Indiana
547 U.S. 813 (2006)
Question Presented:

Whether an oral accusation made to an investigating officer at the scene of an alleged crime is a testimonial statement within the meaning of 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 05-5224.

Holding: judgment reversed and remanded
Vote: 8-1
Opinion By:
Read HAMMON V. INDIANA opinion (PDF)
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