confrontation clause (North Dakota) · Go Syfert
← North Dakota issues

confrontation clause in North Dakota

17 North Dakota opinions name it 1 courts 1979–2020 0 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Neal v. Stategreen
texapp · 2006 · cited in 2 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

2011See, e.g. , Shorter v. State , 33 So. 3d 512, 523 (Mo. Ct. App. 2009) (holding declarant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright , 726 N.W.2d 464, 474 (Minn. 2007) (declarant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State , 186 S.W.3d 690, 692 (Tex. Crim.

22
Shorter v. Stategreen
missctapp · 2009 · cited in 2 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

2011See, e.g. , Shorter v. State , 33 So. 3d 512, 523 (Mo. Ct. App. 2009) (holding declarant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright , 726 N.W.2d 464, 474 (Minn. 2007) (declarant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State , 186 S.W.3d 690, 692 (Tex. Crim.

22
State v. Wrightgreen
minn · 2007 · cited in 2 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

2011See, e.g. , Shorter v. State , 33 So. 3d 512, 523 (Mo. Ct. App. 2009) (holding declarant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright , 726 N.W.2d 464, 474 (Minn. 2007) (declarant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State , 186 S.W.3d 690, 692 (Tex. Crim.

22
People v. Corellagreen
calctapp · 2004 · cited in 2 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

2011Sup. Ct. 2004) (911 calls are inadmissible under the confrontation clause); People v. Corella , 18 Cal.Rptr.3d 770, 776 (Cal. Ct. App. 2004) (911 calls are not testimonial because they are initiated by a citizen, not police).

22
State v. Hoytgreen
utahctapp · 1991 · cited in 2 North Dakota opinions naming this issue, 2001–2001
2 sentences

2001See Smith v. State, 340 Ark. 116 , 8 S.W.3d 534, 538 (2000) (Brown, J., concurring); State v. Hoyt, 806 P.2d 204, 209 (Utah Ct.App.1991).

2001See Smith v. State, 340 Ark. 116 , 8 S.W.3d 534, 538 (2000) (Brown, J., concurring); State v. Hoyt, 806 P.2d 204, 209 (Utah Ct.App.1991).

22
Smith v. Stategreen
ark · 2000 · cited in 2 North Dakota opinions naming this issue, 2001–2001
2 sentences

2001See Smith v. State, 340 Ark. 116 , 8 S.W.3d 534, 538 (2000) (Brown, J., concurring); State v. Hoyt, 806 P.2d 204, 209 (Utah Ct.App.1991).

2001See Smith v. State, 340 Ark. 116 , 8 S.W.3d 534, 538 (2000) (Brown, J., concurring); State v. Hoyt, 806 P.2d 204, 209 (Utah Ct.App.1991).

22
State v. Flammgreen
nd · 1984 · cited in 2 North Dakota opinions naming this issue, 1999–1999
2 sentences

1999State v. Flamm, 351 N.W.2d 108, 109 (N.D.1984).

1999State v. Flamm , 351 N.W.2d 108, 109 (N.D. 1984).

22
Davis v. Washingtongreen
scotus · 2006 · cited in 2 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011The State responds that use of the 911 call was not misconduct because the confrontation clause’s availability requirement only requires a witness to appear at trial and Barbara Duncan appeared. [¶ 12] We have explained, “prosecutorial misconduct may ‘so infect!] the trial with unfairness as to make the resulting conviction a denial of due process.’ However, we have also recognized that not every assertion of prosecutorial misconduct, followed by an argument the conduct denied the defendant his constitutional right to a fair trial, automatically rises to an error of constitutional dimension. ‘

2011The State responds that use of the 911 call was not misconduct because the confrontation clause’s availability requirement only requires a witness to appear at trial and Barbara Duncan appeared. [¶ 12] We have explained, “prosecutorial misconduct may ‘so infect!] the trial with unfairness as to make the resulting conviction a denial of due process.’ However, we have also recognized that not every assertion of prosecutorial misconduct, followed by an argument the conduct denied the defendant his constitutional right to a fair trial, automatically rises to an error of constitutional dimension. ‘

12
Barber v. Pagegreen
scotus · 1968 · cited in 2 North Dakota opinions naming this issue, 1979–1984
2 sentences

1984Therefore, this case falls directly within the ambit of the Court’s holding in Barber v. Page, supra, 390 U.S. at 724-725 , 88 S.Ct. at 1322 , 20 L.Ed.2d at 260 : “In short, a witness is not ‘unavailable’ for purposes of the foregoing exception to the confrontation requirement unless the prosecutorial authorities have made a good-faith effort to obtain his presence at trial.

1984Therefore, this case falls directly within the ambit of the Court’s holding in Barber v. Page, supra, 390 U.S. at 724-725 , 88 S.Ct. at 1322 , 20 L.Ed.2d at 260 : “In short, a witness is not ‘unavailable’ for purposes of the foregoing exception to the confrontation requirement unless the prosecutorial authorities have made a good-faith effort to obtain his presence at trial.

12
United States v. Abu Aligreen
ca4 · 2008 · cited in 1 North Dakota opinions naming this issue, 2018–2018
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

11
People v. Cortesgreen
nysupct · 2004 · cited in 1 North Dakota opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

11
State v. Powersgreen
washctapp · 2004 · cited in 1 North Dakota opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

11
State v. Entzegreen
nd · 1978 · cited in 1 North Dakota opinions naming this issue, 2005–2005
11
State v. Hillinggreen
nd · 1974 · cited in 1 North Dakota opinions naming this issue, 1990–1990
11
State v. Ericksongreen
nd · 1976 · cited in 1 North Dakota opinions naming this issue, 1984–1984
11
Gerstein v. Pughgreen
scotus · 1975 · cited in 1 North Dakota opinions naming this issue, 1982–1982
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (24)

CaseCitedYears
Crawford v. Washington green
scotus · 2004
2 sentences

2015In Crawford v. Washington, 541 U.S. 36, 68 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), the United States Supreme Court held the confrontation clause prohibits the admission of testimonial hearsay against a defendant, unless the declarant is unavailable to testify and the defendant previously had an opportunity to cross-examine the declarant or the defendant is responsible for the unavailability of the witness. [¶29] Chatman argues the district court erred in allowing the State to present testimony from the detective about the informant’s testimonial statements.

2015In Crawford v. Washington, 541 U.S. 36, 68 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), the United States Supreme Court held the confrontation clause prohibits the admission of testimonial hearsay against a defendant, unless the declarant is unavailable to testify and the defendant previously had an opportunity to cross-examine the declarant or the defendant is responsible for the unavailability of the witness. [¶29] Chatman argues the district court erred in allowing the State to present testimony from the detective about the informant’s testimonial statements.

52005–2020
State v. Kruckenberg green
nd · 2008
2 sentences

2011The State responds that use of the 911 call was not misconduct because the confrontation clause’s availability requirement only requires a witness to appear at trial and Barbara Duncan appeared. [¶ 12] We have explained, “prosecutorial misconduct may ‘so infect!] the trial with unfairness as to make the resulting conviction a denial of due process.’ However, we have also recognized that not every assertion of prosecutorial misconduct, followed by an argument the conduct denied the defendant his constitutional right to a fair trial, automatically rises to an error of constitutional dimension. ‘

2011The State responds that use of the 911 call was not misconduct because the confrontation clause’s availability requirement only requires a witness to appear at trial and Barbara Duncan appeared. [¶ 12] We have explained, “prosecutorial misconduct may ‘so infect!] the trial with unfairness as to make the resulting conviction a denial of due process.’ However, we have also recognized that not every assertion of prosecutorial misconduct, followed by an argument the conduct denied the defendant his constitutional right to a fair trial, automatically rises to an error of constitutional dimension. ‘

22011–2011
State v. Wilson green
nd · 1999
2 sentences

2001State v. Wilson, 1999 ND 34, ¶ 14 , 590 N.W.2d 202 .

2001State v. Wilson, 1999 ND 34, ¶ 14 , 590 N.W.2d 202 .

22001–2001
Maryland v. Craig green
scotus · 1990
2 sentences

2001Thank you. [¶ 23] On appeal, Miller argues this procedure violated his rights under the confrontation clause; the trial court should have held a hearing in accordance with Maryland v. Craig, 497 U.S. 836 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990), before adopting special procedures for the child’s testimony; and the trial court should have given an instruction cautioning the jury not to infer guilt from use of these procedures. [¶24] When a problem arises during a trial, the party affected must bring the irregularity to the trial court’s attention and seek appropriate remedial action.

2001Thank you. [¶ 23] On appeal, Miller argues this procedure violated his rights under the confrontation clause; the trial court should have held a hearing in accordance with Maryland v. Craig, 497 U.S. 836 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990), before adopting special procedures for the child’s testimony; and the trial court should have given an instruction cautioning the jury not to infer guilt from use of these procedures. [¶24] When a problem arises during a trial, the party affected must bring the irregularity to the trial court’s attention and seek appropriate remedial action.

22001–2001
Gregg v. Gregg green
alaska · 1989
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
United States v. Donna Marie Sunrhodes green
ca10 · 1987
1 sentence

2018Barrera-Quintero v. Holder , 699 F.3d 1239 , 1248-49 (10th Cir. 2012) (concluding there was no due process violation in a removal proceeding when an officer testified over the telephone from another state); Parkhurst v. Belt , 567 F.3d 995 , 1002-03 (8th Cir. 2009) (concluding testimony in a civil case via closed circuit television was appropriate and the district court instituted the appropriate safeguards); Thornton v. Snyder , 428 F.3d 690 , 698-99 (7th Cir. 2005) (affirming court's decision to allow a trial by video conference); United States v. Sunrhodes , 831 F.2d 1537 , 1544 (10th Cir.

12018–2018
United States v. Mohamed Salim, A/K/A Abdul Qazi, A/K/A Mohamed Ali green
ca2 · 1988
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
United States v. Casamento green
ca2 · 1989
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
United States v. Joseph Kelly green
ca3 · 1990
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
Rodger Thornton v. Donald N. Snyder, Jr., Director, James M. Schomig, Warden, and Captain Josh J. Shettleworth green
ca7 · 2005
1 sentence

2018Barrera-Quintero v. Holder , 699 F.3d 1239 , 1248-49 (10th Cir. 2012) (concluding there was no due process violation in a removal proceeding when an officer testified over the telephone from another state); Parkhurst v. Belt , 567 F.3d 995 , 1002-03 (8th Cir. 2009) (concluding testimony in a civil case via closed circuit television was appropriate and the district court instituted the appropriate safeguards); Thornton v. Snyder , 428 F.3d 690 , 698-99 (7th Cir. 2005) (affirming court's decision to allow a trial by video conference); United States v. Sunrhodes , 831 F.2d 1537 , 1544 (10th Cir.

12018–2018
Parkhurst v. Belt green
ca8 · 2009
1 sentence

2018Barrera-Quintero v. Holder , 699 F.3d 1239 , 1248-49 (10th Cir. 2012) (concluding there was no due process violation in a removal proceeding when an officer testified over the telephone from another state); Parkhurst v. Belt , 567 F.3d 995 , 1002-03 (8th Cir. 2009) (concluding testimony in a civil case via closed circuit television was appropriate and the district court instituted the appropriate safeguards); Thornton v. Snyder , 428 F.3d 690 , 698-99 (7th Cir. 2005) (affirming court's decision to allow a trial by video conference); United States v. Sunrhodes , 831 F.2d 1537 , 1544 (10th Cir.

12018–2018
Barrera-Quintero v. Holder, Jr. green
ca10 · 2012
1 sentence

2018Barrera-Quintero v. Holder , 699 F.3d 1239 , 1248-49 (10th Cir. 2012) (concluding there was no due process violation in a removal proceeding when an officer testified over the telephone from another state); Parkhurst v. Belt , 567 F.3d 995 , 1002-03 (8th Cir. 2009) (concluding testimony in a civil case via closed circuit television was appropriate and the district court instituted the appropriate safeguards); Thornton v. Snyder , 428 F.3d 690 , 698-99 (7th Cir. 2005) (affirming court's decision to allow a trial by video conference); United States v. Sunrhodes , 831 F.2d 1537 , 1544 (10th Cir.

12018–2018
Weekly v. Department of Licensing neutral
washctapp · 2001
2 sentences

2018Barrera-Quintero v. Holder , 699 F.3d 1239 , 1248-49 (10th Cir. 2012) (concluding there was no due process violation in a removal proceeding when an officer testified over the telephone from another state); Parkhurst v. Belt , 567 F.3d 995 , 1002-03 (8th Cir. 2009) (concluding testimony in a civil case via closed circuit television was appropriate and the district court instituted the appropriate safeguards); Thornton v. Snyder , 428 F.3d 690 , 698-99 (7th Cir. 2005) (affirming court's decision to allow a trial by video conference); United States v. Sunrhodes , 831 F.2d 1537 , 1544 (10th Cir.

2018Barrera-Quintero v. Holder , 699 F.3d 1239 , 1248-49 (10th Cir. 2012) (concluding there was no due process violation in a removal proceeding when an officer testified over the telephone from another state); Parkhurst v. Belt , 567 F.3d 995 , 1002-03 (8th Cir. 2009) (concluding testimony in a civil case via closed circuit television was appropriate and the district court instituted the appropriate safeguards); Thornton v. Snyder , 428 F.3d 690 , 698-99 (7th Cir. 2005) (affirming court's decision to allow a trial by video conference); United States v. Sunrhodes , 831 F.2d 1537 , 1544 (10th Cir.

12018–2018
Hertzke v. Reiley green
scotus · 1990
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
St. Joseph Hospital v. Celotex Corp. green
scotus · 1990
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
El v. Zimmerman green
scotus · 1990
1 sentence

2018See, e.g. , United States v. Abu Ali , 528 F.3d 210 , 241-42 (4th Cir. 2008) (determining depositions taken in Saudi Arabia under a Saudi oath did not violate a defendant's Sixth Amendment right); United States v. Kelly , 892 F.2d 255 , 262-63 (3d Cir. 1989) (concluding depositions taken in compliance with United States law in Belgium were properly admitted at trial); United States v. Casamento , 887 F.2d 1141 , 1174-75 (2d Cir. 1989), cert. denied , 493 U.S. 1081 , 110 S.Ct. 1138 , 107 L.Ed.2d 1043 (1990) (concluding depositions taken in Switzerland were properly admitted, although the witnes

12018–2018
State v. Powers green
washctapp · 2004
1 sentence

2011See, e.g., Shorter v. State, 33 So.3d 512, 523 (Miss.App.2009) (holding declar-ant’s statements to 911 operator were not testimonial when defendant was still present during phone call); State v. Wright, 726 N.W.2d 464, 474 (Minn.2007) (declar-ant’s statements to 911 operator were non-testimonial even after declarant was informed defendant was in custody where declarant was repeating details for reassurance that police arrested the correct defendant); Neal v. State, 186 S.W.3d 690, 692 (Tex.App.2006) (statements from 911 call were admissible where declarant made statements while an assault was

12011–2011
Mapp v. Ohio green
scotus · 1961
2 sentences

2005VANDE WALLE, Chief Justice, concurring specially. [¶ 15] The majority avoids, for the moment, the encounter of N.D.C.C.1 § 39- 20-07 with the recent decision of the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004) and the confrontation clause of the Sixth Amendment to the Constitution of the United States made applicable to the States under Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961). [¶ 16] I am skeptical of the harmless-error analysis involving the admission of evidence which should not be admitted or the excl

2005VANDE WALLE, Chief Justice, concurring specially. [¶ 15] The majority avoids, for the moment, the encounter of N.D.C.C.1 § 39- 20-07 with the recent decision of the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004) and the confrontation clause of the Sixth Amendment to the Constitution of the United States made applicable to the States under Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961). [¶ 16] I am skeptical of the harmless-error analysis involving the admission of evidence which should not be admitted or the excl

12005–2005
Gary N. Fields v. Edward W. Murray, Director, Virginia Department of Corrections green
ca4 · 1995
11995–1995
Douglas v. Alabama green
scotus · 1965
11990–1990
State v. Manke green
nd · 1982
11990–1990
Ohio v. Roberts red
scotus · 1980
11984–1984
United States v. Wade green
scotus · 1967
11982–1982
California v. Green red
scotus · 1970
11982–1982

Where else courts name it

CA 1241 (1967–2026) TX 805 (1955–2026) IL 709 (1969–2026) WA 518 (1968–2026) CT 370 (1972–2026) OH 295 (1974–2026) MA 232 (1972–2026) PA 212 (1968–2026) GA 184 (1972–2026) NM 159 (1968–2026) NY 157 (1968–2026) MI 156 (1965–2026) MS 149 (1986–2026) FL 143 (1968–2025) AZ 140 (1968–2026) WI 137 (1972–2026) LA 118 (1969–2026) MN 116 (1974–2026) TN 112 (1972–2026) NJ 109 (1968–2026) NC 107 (1978–2026) DC 104 (1978–2025) MO 101 (1973–2024) CO 101 (1976–2026) IA 96 (1971–2026) KS 96 (1969–2026) MD 93 (1969–2026) IN 84 (1971–2025) VA 77 (1985–2026) AL 77 (1980–2025) OR 74 (1954–2025) KY 67 (1977–2026) AR 61 (1970–2026) NV 60 (1970–2026) SC 53 (1988–2026) HI 53 (1969–2026) ID 52 (1971–2024) OK 52 (1980–2023) WV 51 (1978–2026) AK 50 (1968–2022) RI 49 (1972–2026) SD 40 (1971–2026) WY 40 (1972–2026) UT 39 (1980–2025) ME 32 (1978–2026) MT 30 (1980–2022) NE 30 (1970–2025) VT 26 (1984–2018) NH 25 (1983–2024) DE 24 (1974–2026) ND 17 (1979–2020) VI 7 (2010–2017) PR 3 (1991–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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