Douglas v. Alabama, 380 U.S. 415 (1965). · Go Syfert
Douglas v. Alabama, 380 U.S. 415 (1965). Cases Citing This Book View Copy Cite
6,223 citation events (1,674 in the last 25 years) across 169 distinct courts.
Strongest positive: United States v. Jason Brown (ca6, 2016-03-24) · Strongest negative: Powell v. State (texapp, 1985-05-28)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" Powell v. State (3×)
Tex. App. · 1985 · signal: but see · confidence high
But see Douglas v. Alabama, 380 U.S. 415, 418 , 85 S.Ct. 1074, 1076 , 13 L.Ed.2d 934, 937 (1965) ("an adequate opportunity for cross-examination may satisfy the clause even in the absence of physical confrontation” [dictum]).
examined Cited as authority (verbatim quote) United States v. Jason Brown (4×) also: Cited as authority (quoted)
6th Cir. · 2016 · signal: see · quote attribution · 4 verbatim quotes · confidence high
no legitimate state interest would have been served by requiring repetition of a patently futile objection, already thrice rejected, in a situation in which repeated objection might well affront the court
examined Cited as authority (verbatim quote) Junior Blackston v. Lloyd Rapelje (4×) also: Cited as authority (quoted)
6th Cir. · 2015 · quote attribution · 4 verbatim quotes · confidence high
ffective confrontation of loyd was possible only if loyd affirmed the statement as his. however, loyd did not do so, but relied on his privilege to refuse to answer.
discussed Cited as authority (verbatim quote) Junior Blackston v. Lloyd Rapelje
6th Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
ffective confrontation of loyd was possible only if loyd affirmed the statement as his. however, loyd did not do so, but relied on his privilege to refuse to answer.
examined Cited as authority (verbatim quote) Junior Blackston v. Lloyd Rapelje (4×) also: Cited as authority (quoted)
6th Cir. · 2014 · quote attribution · 4 verbatim quotes · confidence high
ejffective confrontation of loyd was possible only if loyd affirmed the statement as his. however, loyd did not do so, but relied on his privilege to refuse to answer.
examined Cited as authority (verbatim quote) United States v. Simmons (3×) also: Cited as authority (rule), Cited "see"
6th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
no legitimate state interest would have been served by requiring repetition of a patently futile objection, already thrice rejected, in a situation in which repeated objection might well affront the court or prejudice the jury beyond repair.
discussed Cited as authority (verbatim quote) Fowler v. Sacramento County
9th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
primary interest secured by is the right of cross-examination . . . .
examined Cited as authority (verbatim quote) United States v. Macias (3×) also: Cited as authority (rule), Cited "see"
6th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
although the solicitor's reading of loyd's alleged statement, and loyd's refusals to answer, were not technically testimony, the solicitor's reading may well have been the equivalent in the jury's mind of testimony that loyd in fact made the statement
examined Cited as authority (verbatim quote) United States v. Toribio-Lugo
1st Cir. · 2004 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
no legitimate state interest would have been served by requiring repetition of a patently futile objection, already thrice rejected, in a situation in which repeated objection might well affront the court or prejudice the jury beyond repair.
examined Cited as authority (verbatim quote) Morgan v. State (3×) also: Cited as authority (quoted)
Iowa · 1991 · quote attribution · 3 verbatim quotes · confidence high
an adequate opportunity for cross-examination may satisfy the clause even in the absence of physical confrontation
examined Cited as authority (quoted) State of West Virginia v. Jack Jones (3×)
W. Va. · 2013 · quote attribution · 3 verbatim quotes · confidence low
primary interest secured by is the right of cross-examination.
examined Cited as authority (quoted) State of West Virginia v. Jack J. (3×)
W. Va. · 2013 · quote attribution · 3 verbatim quotes · confidence low
primary interest secured by is the right of cross-examination.
examined Cited as authority (quoted) State of West Virginia v. Jack J. (3×)
W. Va. · 2013 · quote attribution · 3 verbatim quotes · confidence low
primary interest secured by is the right of cross-examination.
examined Cited as authority (quoted) Morgan v. Commonwealth (3×)
Va. Ct. App. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
our cases construing the confrontation cjlause hold that a primary interest secured by it is the right of cross-examination; an adequate opportunity for cross-examination may satisfy the clause even in the absence of physical confrontation.
examined Cited as authority (quoted) Smallwood v. Young (3×)
E.D. Va. · 2006 · quote attribution · 3 verbatim quotes · confidence low
he adequacy of state procedural bars to the assertion of federal questions, we have recognized, is not within the state's prerogative finally to decide; rather, adequacy is itself a federal question.
examined Cited as authority (quoted) Jeff Fowler v. Sacramento County Sheriff's Department California Attorney General (3×)
9th Cir. · 2005 · quote attribution · 3 verbatim quotes · confidence low
primary interest secured by is the right of cross-examination ....
examined Cited as authority (quoted) United States v. Jose Toribio-Lugo (3×)
1st Cir. · 2004 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
no legitimate state interest would have been served by requiring repetition of a patently futile objection, already thrice rejected, in a situation in which repeated objection might well affront the court or prejudice the jury beyond repair.
examined Cited as authority (quoted) Hector Morales v. Christopher Artuz, Superintendent, Green Haven Correctional Facility (4×)
2d Cir. · 2002 · signal: see · quote attribution · 4 verbatim quotes · confidence high
the main and essential purpose of confrontation is to secure for the opponent the opportunity for cross-examination.
examined Cited as authority (quoted) United States v. Gurmeet Singh Dhinsa (4×) also: Cited as authority (rule)
2d Cir. · 2001 · quote attribution · 3 verbatim quotes · confidence low
primary interest secured by is the right of cross-examination.
examined Cited as authority (quoted) ca11 1998 (3×)
11th Cir. · 1998 · quote attribution · 3 verbatim quotes · confidence low
our cases construing the clause hold that a primary interest secured by it is the right of cross-examination.
examined Cited as authority (quoted) United States v. Mills (3×)
11th Cir. · 1998 · quote attribution · 3 verbatim quotes · confidence low
our cases construing the clause hold that a primary interest secured by it is the right of cross-examination.
examined Cited as authority (quoted) McClellan v. United States (6×)
D.C. · 1997 · quote attribution · 6 verbatim quotes · confidence low
a primary interest secured by is the right of cross-examination
examined Cited as authority (quoted) J.B. Parker v. Harry K. Singletary, Secretary, Florida Department of Corrections (3×)
11th Cir. · 1992 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
etitioner's inability to cross-examine as to the alleged confession plainly denied him the right of cross-examination secured by the confrontation clause.
discussed Cited as authority (rule) Commonwealth v. Belgrave, J., Aplt.
Pa. · 2026 · confidence medium
To allow such an artificial distinction to 47 In Douglas v. State of Alabama, the United States Supreme Court highlighted a very similar concern in a slightly different context: Although the Solicitor’s reading of Loyd’s alleged statement, and Loyd’s refusals to answer, were not technically testimony, the Solicitor’s reading may well have been the equivalent in the jury’s mind of testimony that Loyd in fact made the statement; and Loyd’s reliance upon the privilege created a situation in which the jury might improperly infer both that the statement had been made and that it was tru…
discussed Cited as authority (rule) People v. Alexander
Ill. App. Ct. · 2026 · confidence medium
ANALYSIS ¶ 26 On appeal, Alexander argues that (1) the court deprived him of his sixth amendment right to confrontation, and (2) the AHC statute is facially unconstitutional. ¶ 27 A. The Sixth Amendment ¶ 28 A “primary interest” of the sixth amendment’s confrontation clause is the “right of cross- examination.” Douglas v. State of Alabama, 380 U.S. 415, 418 (1965).
discussed Cited as authority (rule) State Of Washington, V Ezra A. Fleming Ralston
Wash. Ct. App. · 2026 · confidence medium
I, § 22. “ ‘The main and essential purpose of confrontation is to secure for the opponent the opportunity of cross-examination.’ ” Davis v. Alaska, 415 U.S. 308, 315-16 (1974) (quoting Douglas v. Alabama, 380 U.S. 415, 418 (1965)).
discussed Cited as authority (rule) Glover v. Bean
D. Nev. · 2025 · confidence medium
VI. “[A] primary interest secured by [the Confrontation 22 Clause] is the right of cross-examination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965); 23 see also Maryland v. Craig, 497 U.S. 836, 845 (1990) (“The central concern of the 24 Confrontation Clause is to ensure the reliability of the evidence against a criminal 25 defendant by subjecting it to rigorous testing in the context of an adversary proceeding 26 before the trier of fact.”); Delaware v. Fensterer, 474 U.S. 15, 22 (1985) (“[T]he 27 Confrontation Clause is generally satisfied when the defense is given a full and fair 2…
discussed Cited as authority (rule) State v. Jones
Ohio Ct. App. · 2025 · confidence medium
Thus, they have echoed the repeated demand, perpetuated in Crawford, that the defendant be accorded “an adequate opportunity to cross-examine adverse witnesses.” (Emphasis added.) United States v. Owens, 484 U.S. 554 , 557 16 OHIO FIRST DISTRICT COURT OF APPEALS (1988), citing Mattox at 242-243 , and Douglas v. Alabama, 380 U.S. 415, 418 (1965); see also Crawford at 57 ; State v. Lang, 2011-Ohio-4215, ¶ 83-84 . {¶45} A defendant is denied that “adequate,” “full and fair opportunity” where he is “prohibited from engaging in otherwise appropriate cross-examination designed to sho…
cited Cited as authority (rule) United States v. Jorge Diaz
7th Cir. · 2025 · confidence medium
This includes “the right of cross-examination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965).
discussed Cited as authority (rule) State v. Matthew Peckham (2×)
R.I. · 2025 · confidence medium
The claim of bias which the defense sought to develop was admissible to afford a basis for an inference of undue pressure because of [the juvenile witness’s] vulnerable status as a probationer, * * * as well as of [the juvenile witness’s] possible concern that he might be a suspect in the investigation.” Id. at 317-18 (quoting Douglas v. Alabama, 380 U.S. 415, 419 (1965)).
discussed Cited as authority (rule) Jardine v. Williams
D. Nev. · 2025 · confidence medium
VI. “[A] primary interest 4 secured by [the Confrontation Clause] is the right of cross-examination.” Douglas v. Alabama, 5 380 U.S. 415, 418 (1965); see also Maryland v. Craig, 497 U.S. 836, 845 (1990) (“The central 6 concern of the Confrontation Clause is to ensure the reliability of the evidence against a criminal 7 defendant by subjecting it to rigorous testing in the context of an adversary proceeding before the 8 trier of fact.”); Davis v. Alaska, 415 U.S. 308, 316 (1974) (“Cross-examination is the principal 9 means by which the believability of a witness and the truth of his t…
discussed Cited as authority (rule) Jeffrey Clyde Pitts v. State of Mississippi
Miss. · 2025 · confidence medium
Speaking for the United States Supreme Court, Justice Blackmun later wrote that “[t]he Court has emphasized that ‘a primary interest secured by [the Confrontation Clause] is the right of cross-examination.” Stincer, 482 U.S. at 736 (alteration in original) (emphasis added) (quoting Douglas, 380 U.S. at 418 (“Our cases construing the clause hold that a primary interest secured by it is the right of cross-examination; an adequate opportunity for cross-examination may satisfy the clause even in the absence of physical confrontation.” (emphasis added))).
discussed Cited as authority (rule) Coleman v. Gittere
D. Nev. · 2025 · confidence medium
VI. “[A] primary interest secured by 25 [the Confrontation Clause] is the right of cross-examination.” Douglas v. 26 Alabama, 380 U.S. 415, 418 (1965); see also Maryland v. Craig, 497 U.S. 836 , 27 845 (1990) (“The central concern of the Confrontation Clause is to ensure the 28 1 reliability of the evidence against a criminal defendant by subjecting it to rigorous 2 testing in the context of an adversary proceeding before the trier of fact.”); 3 Delaware v. Fensterer, 474 U.S. 15, 22 (1985) (“[T]he Confrontation Clause is 4 generally satisfied when the defense is given a full and fai…
discussed Cited as authority (rule) Pope v. Christianson
E.D. Mich. · 2024 · confidence medium
The Sixth Amendment Confrontation Clause guarantees criminal defendants an “adequate opportunity to cross-examine adverse witnesses.” United States v. Owens, 484 U.S. at 557 (1988)(citing Mattox v. United States, 156 U.S. 237 , 242– 243 (1895); Douglas v. Alabama, 380 U.S. 415, 418 (1965)).
cited Cited as authority (rule) United States v. Trujillo
10th Cir. · 2024 · confidence medium
The “primary interest” secured by this clause “is the right of cross-examination.” Davis v. Alaska, 415 U.S. 308, 315 (1974) (quoting Douglas v. Alabama, 380 U.S. 415, 418 (1965)).
cited Cited as authority (rule) People v. Newell
Ill. App. Ct. · 2024 · confidence medium
Douglas v. Alabama, 380 U.S. 415, 419-20 (1965). ¶ 37 This presents a problem at joint trials.
discussed Cited as authority (rule) Ross v. Williams
D. Nev. · 2024 · confidence medium
Confrontation Clause 16 The Sixth Amendment’s Confrontation Clause provides: “In all criminal prosecutions, the 17 accused shall enjoy the right . . . to be confronted with the witnesses against him.” “[A] primary 18 interest secured by [the Confrontation Clause] is the right of cross-examination.” Douglas v. 19 Alabama, 380 U.S. 415, 418 (1965).
cited Cited as authority (rule) Robert Keith Woodall v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
That Court has explained that “a primary interest secured by [the Confrontation Clause] is the right of cross-examination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965).
discussed Cited as authority (rule) Smith v. Howell
D. Nev. · 2024 · confidence medium
VI. “[A] primary interest secured by [the Confrontation Clause] is the right of cross- 23 examination.” Douglas v. State of Ala., 380 U.S. 415, 418 (1965); see also Delaware v. Fensterer, 474 U.S. 24 15, 22 (1985) (“[T]he Confrontation Clause is generally satisfied when the defense is given a full 25 and fair opportunity to probe and expose . . . infirmities through cross-examination, thereby 26 calling to the attention of the factfinder the reasons for giving scant weight to the witness’ 27 testimony.”); Davis v. Alaska, 415 U.S. 308, 316 (1974) (“Cross-examination is the principa…
discussed Cited as authority (rule) Willing v. Williams
D. Nev. · 2023 · confidence medium
VI. “[A] primary interest secured by [the Confrontation Clause] is the right of cross- 19 examination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965); see also Maryland v. Craig, 497 20 U.S. 836 , 845 (1990) (“The central concern of the Confrontation Clause is to ensure the reliability 21 of the evidence against a criminal defendant by subjecting it to rigorous testing in the context of 22 an adversary proceeding before the trier of fact.”); Davis v. Alaska, 415 U.S. 308, 316 (1974) 23 (“Cross-examination is the principal means by which the believability of a witness and the truth 1 o…
discussed Cited as authority (rule) Cook v. Garrett
D. Nev. · 2023 · confidence medium
VI. “[A] primary interest secured by [the Confrontation 19 Clause] is the right of cross-examination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965); 20 see also Fensterer, 474 U.S. at 22 (“[T]he Confrontation Clause is generally satisfied 21 when the defense is given a full and fair opportunity to probe and expose … infirmities 22 through cross-examination, thereby calling to attention of the factfinder the reasons for 23 giving scant weight to the witness’ testimony.”); Davis v. Alaska, 415 U.S. 308, 316 (1974) 24 (“Cross-examination is the principal means by which the believabi…
discussed Cited as authority (rule) (HC) Adams v. Lynch
E.D. Cal. · 2023 · confidence medium
(Douglas v. 25 Alabama (1965) 380 U.S. 415, 419-20 [ 13 L.Ed.2d 934 ]; People v. Giron-Chamul (2016) 245 Cal. App. 4th 932, 965-966 ; People v. Perez (2016) 243 Cal. App. 4th 863, 886 ; People v. 26 Murillo (2014) 231 Cal. App. 4th 448, 456 ; People v. Rios (1985) 163 Cal. App. 3d 852 , 864- 65.) The Attorney General suggests that a defendant must question a recalcitrant witness who 27 has refused to answer the prosecutor’s questions or forfeit a confrontation clause challenge on appeal.
discussed Cited as authority (rule) Conley, III v. Carl
E.D. Mich. · 2023 · confidence medium
Douglas v. Alabama, 380 U.S. 415, 418 (1965). “[E]xposure of a witness’ motivation in testifying is a proper and important function of the constitutionally protected right of cross-examination.” Davis v. Alaska, 415 U.S. 308 , 316–17 (1974).
discussed Cited as authority (rule) CONCEPCION v. WARDEN
D.N.J. · 2023 · confidence medium
In his habeas petition, Petitioner contends that his conviction violates Douglas v. Alabama, 380 U.S. 415, 419 (1965) (holding that the statements of a non-testifying co-defendant or accomplice cannot be introduced in trial through the testimony of law enforcement).
discussed Cited as authority (rule) Maurice Turner v. Administrator New Jersey State Prison
3rd Cir. · 2023 · confidence medium
Instead, it usually represents ‘a decision by the state supreme court not to hear the appeal – that is, not to decide at all.’” Brown v. Davenport, ___ U.S. ___, 142 S. Ct. 1510, 1529 (2022). 11 Alabama, 380 U.S. 415, 419 (1965), which held that the statements of a non-testifying co-defendant cannot be introduced in trial through the testimony of law enforcement.
discussed Cited as authority (rule) Cross v. Burton
E.D. Mich. · 2022 · confidence medium
The Supreme Court has observed that “[a]n objection which is ample and timely to bring the alleged federal error to the attention of the trial court and enable it to take appropriate corrective action is sufficient to serve legitimate state interests, and therefore sufficient to preserve the claim for review.” Douglas v. State of Ala., 380 U.S. 415, 422 (1965).
cited Cited as authority (rule) Smith v. Rewerts
E.D. Mich. · 2022 · confidence medium
Douglas v. Alabama, 380 U.S. 415, 418 (1965).
discussed Cited as authority (rule) People v. Sandoval CA2/5
Cal. Ct. App. · 2022 · confidence medium
(Douglas, supra, 380 U.S. at 419 [“Loyd’s alleged statement that the [defendant] fired the shotgun constituted the only direct evidence that he had done so”]; Murillo, supra, 231 Cal.App.4th at 456 [“[T]he independent evidence of Murillo’s guilt was not strong”]; Shipe, supra, 49 Cal.App.3d at 355 [“The evidence of appellant’s guilt was entirely circumstantial and the prosecutor, through the guise of cross-examination, succeeded in getting before the jury a vivid picture of what he believed actually occurred on the night of the murder.
discussed Cited as authority (rule) Soto v. Griffin
W.D.N.Y. · 2022 · confidence medium
Legal Principles The Sixth Amendment to the Constitution guarantees the right of a defendant in a criminal trial “to be confronted with the witnesses against him.” In addition to the right to physically face those who testify against him, the Supreme Court’s “cases construing the [Confrontation] clause hold that [another] primary interest secured by it is the right of cross-examination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965).
cited Cited as authority (rule) United States v. Ramone Shaffers
7th Cir. · 2022 · confidence medium
This guarantee has long been understood to include “the right of cross-exam- ination.” Douglas v. Alabama, 380 U.S. 415, 418 (1965).
Douglas
v.
Alabama
313.
Supreme Court of the United States.
Apr 5, 1965.
380 U.S. 415
Charles Cleveland argued the cause for petitioner. With him on the brief were Bryan A. Chancey and Robert 8. Gordon., Paul T. Gish, Jr., Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was Richmond M. Flowers, Attorney General of Alabama.
Brennan, Harlan, Stewart.
Cited by 1,931 opinions  |  Published
13 passages pin-cited by 17 cases
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Citer courts: Eleventh Circuit (9) · West Virginia Supreme Court (9) · Second Circuit (7) · Sixth Circuit (7) · District of Columbia Court of … (6) · First Circuit (3) · Ninth Circuit (3)

Lead Opinion

[*416] MR. Justice Brennan

delivered the opinion of the Court.

The petitioner and one Loyd were tried separately in Alabama’s Circuit Court on charges of assault with intent to murder. Loyd was tried first and was found guilty. The State then called Loyd as a witness at petitioner’s trial. Because Loyd planned to appeal his conviction, his lawyer, who also represented petitioner, advised Loyd to rely on the privilege against self-incrimination and not to answer any questions. When Loyd was sworn, the lawyer objected, on self-incrimination grounds, “to this witness appearing on the stand,” but the objection was overruled. Loyd gave his name and address but, invoking the privilege, refused to answer any questions concerning the alleged crime. The trial judge ruled that Loyd could not rely on the privilege because of his conviction, and ordered him to answer, but Loyd persisted in his refusal.[1] The judge thereupon granted the State Solicitor’s motion “to declare [Loyd] a hostile witness and give me the privilege of cross-examination.” The Solicitor then produced a document said to be a confession signed by Loyd. Under the guise of cross-examination to refresh Loyd’s recollection, the Solicitor purported to read from the document, pausing after every few sentences to ask Loyd, in the presence of the jury, “Did you make that statement?” Each time, Loyd asserted the privilege and refused to answer, but the Solicitor continued this form of questioning until the entire docu[*417] ment had been read.[2] The Solicitor then called three law enforcement officers who identified the document as embodying a confession made and signed by Loyd. Although marked as an exhibit for identification, the document was not offered in evidence.

This procedure, petitioner argues, violated his rights under the Confrontation Clause of the Sixth Amendment as applied to the States. The statements from the document as read by the Solicitor recited in considerable detail the circumstances leading to and surrounding the alleged crime; of crucial importance, they named the petitioner as the person who fired the shotgun blast which wounded the victim.[3] The jury found petitioner guilty.[*418] The Court of Appeals of Alabama affirmed, 42 Ala. App. 314,163 So. 2d 477. Although stating that Loyd’s alleged confession was inadmissible in evidence against petitioner under state law because “[tjhere must be confrontation face to face to allow viva voce cross-examination before the jury,” and noting that “it might be claimed that the repeated and cumulative use of the confession might have been an indirect mode of getting the inadmissible confession in evidence,” the Court of Appeals affirmed petitioner’s conviction on the ground that petitioner’s counsel had “stopped objecting" and that in that circumstance, “the failure to object was waiver.” 42 Ala. App., at 329, 332, 163 So. 2d, at 493, 495. The Supreme Court of Alabama denied review, 276 Ala. 703, 163 So. 2d 496. We granted certiorari, 379 U. S. 815. We reverse.

I.

We decide today that the Confrontation Clause of the Sixth Amendment is applicable to the States. Pointer v. Texas, ante, p. 400. Our cases construing the clause hold that a primary interest secured by it is the right of cross-examination; an adequate opportunity for cross-examination may satisfy the clause even in the absence of physical confrontation. As the Court said in Mattox v. United States,

“The primary object of the constitutional provision in question was to prevent depositions or ex parte affidavits . . . being used against the prisoner[*419] in lieu of a personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.” 156 U. S. 237, 242-243.

See also 5 Wigmore, Evidence §§ 1365, 1397 (3d ed. 1940); State v. Hester, 137 S. C. 145, 189, 134 S. E. 885, 900 (1926).

In the circumstances of this case, petitioner’s inability to cross-examine Loyd as to the alleged confession plainly denied him the right of cross-examination secured by the Confrontation Clause. Loyd’s alleged statement that the petitioner fired the shotgun constituted the only direct evidence that he had done so; coupled with the description of the circumstances surrounding the shooting, this formed a crucial link in the proof both of petitioner’s act and of the requisite intent to murder. Although the Solicitor’s reading of Loyd’s alleged statement, and Loyd’s refusals to answer, were not technically testimony, the Solicitor’s reading may well have been the equivalent in the jury’s mind of testimony that Loyd in fact made the statement; and Loyd’s reliance upon the privilege created a situation in which the jury might improperly infer both that the statement had been made and that it was true. Slochower v. Board of Higher Education, 350 U. S. 551, 557-558; United States v. Maloney, 262 F. 2d 535, 537 (C. A. 2d Cir. 1959). Since the Solicitor was not a witness, the inference from his reading that Loyd made the statement could not be tested by cross-examination. Similarly, Loyd could not be cross-examined on a statement imputed to but not admitted by him. Nor was the opportunity to cross-examine the law en[*420] forcement officers adequate to redress this denial of the essential right secured by the Confrontation Clause. Indeed, their testimony enhanced the danger that the jury would treat the Solicitor’s questioning of Loyd and Loyd’s refusal to answer as proving the truth of Loyd’s alleged confession. But since their evidence tended to show only that Loyd made the confession, cross-examination of them as to its genuineness could not substitute for cross-examination of Loyd to test the truth of the statement itself. Motes v. United States, 178 U. S. 458; cf. Kirby v. United States, 174 U. S. 47.

Hence, effective confrontation of Loyd was possible only if Loyd affirmed the statement as his. However, Loyd did not do so, but relied on his privilege to refuse to answer. We need not decide whether Loyd properly invoked the privilege in light of his conviction. It is sufficient for the purposes of deciding petitioner’s claim under the Confrontation Clause that no suggestion is made that Loyd’s refusal to answer was procured by the petitioner, see Motes v. United States, supra, at 471; on this record it appears that Loyd was acting entirely in his own interests in doing so. This case cannot be characterized as one where the prejudice in the denial of the right of cross-examination constituted a mere minor lapse. The alleged statements clearly bore on a fundamental part of the State’s case against petitioner. The circumstances are therefore such that “inferences from a witness’ refusal to answer added critical weight to the prosecution’s case in a form not subject to cross-examination, and thus unfairly prejudiced the defendant.” Namet v. United States, 373 U. S. 179, 187. See also Fletcher v. United States, 118 U. S. App. D. C. 137, 332 F. 2d 724 (1964).

II.

We cannot agree with the Alabama Court of Appeals that petitioner’s counsel waived the right to confrontation[*421] through failure to make sufficient objection to the reading of Loyd’s alleged confession. The court stated: “There must be a ruling sought and acted on before the trial judge can be put in error. Here there was no ruling asked or invoked as to the questions embracing the alleged confession.” 42 Ala. App., at 332, 163 So. 2d, at 495. Yet, as the colloquy set out in the margin shows, petitioner’s counsel did object three times to the reading of the confession before the jury.[4] After the second time, the Solic[*422] itor assured him that he already had an objection in— plainly implying that further objection to the reading of the document was unnecessary. The ground for objection to later questions would have been the same, that the confession was being read to the jury. In light of this record it is difficult to understand the Court of Appeals’ conclusion; nevertheless, accepting the finding as an authoritative interpretation of Alabama law, we follow our consistent holdings that the adequacy of state procedural bars to the assertion of federal questions is itself a federal question. See Wright v. Georgia, 373 U. S. 284, 289-291. In determining the sufficiency of objections we have applied the general principle that an objection which is ample and timely to bring the alleged federal error to the attention of the trial court and enable it to take appropriate corrective action is sufficient to serve legitimate state interests, and therefore sufficient to preserve the claim for review here. Davis v. Wechsler, 263 U. S. 22, 24; Love v. Griffith, 266 U. S. 32, 33-34. No legitimate state interest would have been served by requiring repetition of a patently futile objection, already thrice rejected, in a situation in which repeated objection might well affront the court or prejudice the jury beyond repair. Too, after the confession was read, the defense moved to exclude it; it then moved for a mistrial and for a new[*423] trial; all three motions were denied. After two of the three law enforcement officers had testified, the defense renewed its objections to the hearsay references in Loyd’s alleged confession and again was overruled. On these facts, it is clear that the defense brought the objection to the attention of the court at several points, at any of which corrective action could have been taken by stopping the questioning, excusing the jury, or excluding the evidence. To the extent that the Alabama rule requires objection after each and every question in this prolonged series, it is plainly inadequate to bar our review of the federal question presented.

Reversed and remanded.

1

Loyd had not been sentenced at the time of petitioner’s trial. The trial judge initially threatened to hold Loyd in contempt for persisting in his refusal to answer after the judge had ruled that Loyd could not rely on the privilege since “the jury has already determined your guilt.” However, the judge did not proceed with the contempt citation but interrupted petitioner’s trial to sentence Loyd to 20 years’ imprisonment.

2

There were 21 questions occupying seven pages in the printed record.

3

Two of the Solicitor’s questions were as follows:

“Did you make the further statement, ‘We intended to shoot these trucks before they got to Centreville, but when we turned and went back north and passed the trucks again I was unable to bring myself to the point of shooting the trucks. After we passed the trucks this time we turned around and went south again toward Centreville, Alabama. These trucks were both stopped at a truck stop in Centre-ville where we passed them again and we proceeded on south on No. 5 about twenty miles. We sat alongside of the highway waiting for the trucks to come on and several trucks passed us, so we thought we ought to move before someone recognized us. We went back north again and saw a station wagon that looked suspicious so we turned off No. 5 onto 16. We drove over this route about six or eight miles and pulled in behind a church. We sat there for about, five minutes and then heard what sounded like two trucks together going south on No. 5. We thought this was the two trucks and we went back to No. 5. When we got to No. 5 I told Douglas that I would drive and he said that was fine because 1 knew the car better than he. I drove on until we caught these trucks about five or eight miles above the junction of No. 5 and No. 80 and we passed them proceeding on to the junction where we turned around and headed back north to meet these trucks. Jesse Douglas was in the back seat with the automatic shotgun that belongs to B. F. Jackson and had it loaded with buckshot. He rolled down the window and[*418] when we passed these trucks he shot the lead truck as we passed them heading back north as they were coming south. We then went on to Highway 14, turned left and went into Greensboro, Alabama. We turned left in Greensboro on No. 69, drove south about five miles and realized we were going the wrong direction to go to Tuscaloosa, Alabama. We turned around and went back up to No. 69 to Tuscaloosa.’ Did you make that statement?”
“Were you asked the question, ‘How many shots were fired at the truck?’ And your answer, ‘Only one.’ Did you say that?”
4

The following occurred:

“Q. Is that your signature (showing witness signature on confession) ?
“A. I’m not sure.
“Q. I will ask you if on January 20, 1962—
“Mr. Esco: (Interrupting) If your Honor please, I object to the reading of any document or purported confession,—
“Mr. McLeod: (Interrupting) This is cross-examination.
“The Court: Hostile witness. Overrule.
“Mr. Esco: We except, if you please.
“Q. I will ask you if on the night of January 20, 1962, in Selma, Alabama, in the Dallas County jail if you didn’t make the following statement: (reading) T, Olen Ray Loyd, make the — ’
“Mr. Esco: (Interrupting) I object to this being read in the presence of the jury.
“Mr. McLeod: You’ve already got an objection in there.
“Mr. Esco: I object to this being read in the presence of the jury.
“The Court: Overrule.
“Mr. Esco: We except.”

After the questions w'ere read, defense counsel renewed his objections:

“Mr. Esco: I’d first like to object to the reading of this purported confession on the grounds that it is hearsay evidence, that it was made outside the hearing of this defendant, it was not subject to cross-examination, and we move to exclude it from the evidence.
“The Court: The Court will deny your motion.
“Mr. Esco: We except, if you please. And at this time, your Honor, we make a motion for a mistrial on the grounds that this jury has been so prejudiced from these proceedings, and from the attempts[*422] of the prosecution to use illegal evidence, that no fair and just verdict whatsoever could come from a jury that has been so prejudiced.
“The Court: Motion is denied.
“Mr. Esco: We except, if you please.
“Mr. Esco: We would like to make a motion for a new on the grounds that the proceedings have been very irregular here today and we feel that it has been prejudicial to this defendant.
"The Court: . . . Your objection is overruled.
“Mr. Esco: It is a motion, your Honor.
“The Court: Your motion is overruled.
“Mr. Esco: We except, if you please.”

Concurrence

Mr. Justice Harlan,

concurring in the result.

For reasons stated in the opinion of the Court, I agree that petitioner was denied a right of “confrontation” embodied in the concept of ordered liberty. I concur in the judgment of reversal on the premises stated in my opinion concurring in the result in Pointer v. Texas, ante, p. 408, decided today.

Concurrence

Mr. Justice Stewart,

concurring in the result.

The Court says that what happened in this case violated the petitioner’s “rights under the Confrontation Clause of the Sixth Amendment as applied to the States.” I concur in the Court’s judgment, because I think the petitioner was deprived of his liberty without due process of law in violation of the Fourteenth Amendment. This difference in view is, of course, far more than a matter of mere semantics. See my opinion concurring in the result in Pointer v. Texas, ante, p. 409.