home
Judge Issues Secret Ruling in Case Challenging NSA Wiretaps | 11 comments (11 topical)
Re: Judge Issues Secret Ruling in Case Challenging (none / 0) (#9)
by Talkleft Visitor on Sat Mar 11, 2006 at 12:09:13 PM EST
wg The complaining witness in Hammon was actually subpoenaed by the State, but did not appear at trial. The State did not attempt to show that she was "unavailable," but it is likely that she would have asserted a privilege and so been unvailable to testify regardless of her actual physical presence. The issue in Hammon is not her status, but whether the signed statmeent was testimonial hearsay. The statement got in originally under the excited utterance exception - but if the statement was testimonial it is hard to see any reasoning the court could adopt which would allow the excited utterance exception to survive under these circumstances.

Judge Issues Secret Ruling in Case Challenging NSA Wiretaps | 11 comments (11 topical)

  • Premium Ads

  • Blog Ads

  • Contribute To TalkLeft

    donate to TalkLeft