Davis v. Washington
Encyclopedia
Davis v. Washington, 547 U.S. 813 (2006), was a case decided by the Supreme Court of the United States
holding that hearsay statements made in a 9-1-1
call asking for aid were not "testimonial" in nature and thus their introduction at trial did not violate the Confrontation Clause
as defined in Crawford v. Washington
.
. The Washington Supreme Court disagreed, finding that the call was not "testimonial" and was therefore different from the statements at issue in Crawford.
, the Court ruled that the Confrontation Clause of the Sixth Amendment, as interpreted in Crawford v. Washington, does not apply to "non-testimonial" statements not intended to be used in a future criminal prosecution. Although McCottry identified her attacker to the 911 operator, she provided the information intending to help the police resolve an "ongoing emergency," not to testify to a past crime. The Court reasoned that under the circumstances, McCottry was not acting as a "witness," and the 911 transcript was not "testimony." Therefore, the Sixth Amendment did not require her to appear at trial and be cross-examined.
This case was decided with Hammon v. Indiana. In that case, the defendant was convicted of domestic battery. Responding to a call, police found the wife on the porch and the husband inside. Questioning them separately, the wife signed a police statement regarding abuse by her husband. She later refused to testify at trial. The Supreme Court ruled that the police report did qualify as testimonial in nature and was therefore inadmissible.
wrote a separate opinion concurring in part and dissenting in part. He argued that though McCottry's statements were not testimonial, the Court should not "guess" at the primary motive behind the statements.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
holding that hearsay statements made in a 9-1-1
9-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...
call asking for aid were not "testimonial" in nature and thus their introduction at trial did not violate the Confrontation Clause
Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are...
as defined in Crawford v. Washington
Crawford v. Washington
Crawford v. Washington, 541 U.S. 36 , is a United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment...
.
Facts of the Case
Davis was arrested after Michelle McCottry called 911 and told the operator that he had beaten her with his fists and then left. At trial, McCottry did not testify, but the 911 call was offered as evidence of the connection between Davis and McCottry's injuries. Davis objected, arguing that presenting the recording without giving him the opportunity to cross-examine McCottry violated his Sixth Amendment right to confront his accuser as interpreted by the U.S. Supreme Court in Crawford v. WashingtonCrawford v. Washington
Crawford v. Washington, 541 U.S. 36 , is a United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment...
. The Washington Supreme Court disagreed, finding that the call was not "testimonial" and was therefore different from the statements at issue in Crawford.
The Court's Decision
In a decision authored by Justice Antonin ScaliaAntonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, the Court ruled that the Confrontation Clause of the Sixth Amendment, as interpreted in Crawford v. Washington, does not apply to "non-testimonial" statements not intended to be used in a future criminal prosecution. Although McCottry identified her attacker to the 911 operator, she provided the information intending to help the police resolve an "ongoing emergency," not to testify to a past crime. The Court reasoned that under the circumstances, McCottry was not acting as a "witness," and the 911 transcript was not "testimony." Therefore, the Sixth Amendment did not require her to appear at trial and be cross-examined.
This case was decided with Hammon v. Indiana. In that case, the defendant was convicted of domestic battery. Responding to a call, police found the wife on the porch and the husband inside. Questioning them separately, the wife signed a police statement regarding abuse by her husband. She later refused to testify at trial. The Supreme Court ruled that the police report did qualify as testimonial in nature and was therefore inadmissible.
Thomas's Concurrence/Dissent
Justice Clarence ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
wrote a separate opinion concurring in part and dissenting in part. He argued that though McCottry's statements were not testimonial, the Court should not "guess" at the primary motive behind the statements.