Ohio v. Roberts
Encyclopedia
Ohio v. Roberts, 448 U.S. 56
(1980), is a United States Supreme Court decision dealing with the Confrontation Clause
of the Sixth Amendment to the United States Constitution
.
of a check and with possession of stolen credit card
s. At the preliminary hearing
, defense counsel called the victims' daughter to the stand and tried to elicit from her an admission that she provided defendant with the checks and the credit card but failed to inform the defendant that she did not have permission to use them. Counsel was unable to elicit this admission nor did the prosecutor cross-examine the witness.
The daughter was subpoena
ed five times but never appeared for trial. At trial, the defendant testified that the daughter had given him her parents' checkbook and credit cards with the understanding he could use them. The State, on rebuttal
, offered the transcript of the daughter's testimony pursuant to Ohio Rev. Code Ann. Section 2945.49 (1975) which permits the use of preliminary examination testimony of a witness who “cannot for any reason be produced at trial.” The defense objected asserting that use of the transcript violated the Confrontation Clause
of the Sixth Amendment to the United States Constitution
(incorporated to the States under the Fourteenth Amendment to the United States Constitution
). The trial court admitted the transcript and the defendant was convicted. The Supreme Court of Ohio
overturned the conviction. That court held that the daughter's absence at trial and the lack of cross-examination at the preliminary hearing violated the Confrontation Clause.
exception,” but even in other cases, if “particularized guarantees of trustworthiness” can be shown, the evidence would be admitted.
, that because the Sixth Amendment to the United States Constitution
specifies the right to confrontation, an “indicia of reliability” was not an adequate substitute for cross-examination. But the Court's recent decision in Michigan v. Bryant
may signal a "resurrection" of Roberts, as the Court based its decision on reliability of the out-of-court statement, rather than on the Defendant's opportunity to confront the witness bearing testimony against him.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1980), is a United States Supreme Court decision dealing with 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...
of the Sixth Amendment to the United States Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
.
Factual background
Herschel Roberts was charged with forgeryForgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
of a check and with possession of stolen credit card
Credit card
A credit card is a small plastic card issued to users as a system of payment. It allows its holder to buy goods and services based on the holder's promise to pay for these goods and services...
s. At the preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
, defense counsel called the victims' daughter to the stand and tried to elicit from her an admission that she provided defendant with the checks and the credit card but failed to inform the defendant that she did not have permission to use them. Counsel was unable to elicit this admission nor did the prosecutor cross-examine the witness.
The daughter was subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
ed five times but never appeared for trial. At trial, the defendant testified that the daughter had given him her parents' checkbook and credit cards with the understanding he could use them. The State, on rebuttal
Rebuttal
In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific...
, offered the transcript of the daughter's testimony pursuant to Ohio Rev. Code Ann. Section 2945.49 (1975) which permits the use of preliminary examination testimony of a witness who “cannot for any reason be produced at trial.” The defense objected asserting that use of the transcript violated 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...
of the Sixth Amendment to the United States Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
(incorporated to the States under the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
). The trial court admitted the transcript and the defendant was convicted. The Supreme Court of Ohio
Supreme Court of Ohio
The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, each serving six-year terms...
overturned the conviction. That court held that the daughter's absence at trial and the lack of cross-examination at the preliminary hearing violated the Confrontation Clause.
Opinion of the Court
The Supreme Court held that the daughter's statement did not violate the Confrontation Clause. They reasoned that out-of-court statements can be admissible if they bear an adequate “indicia of reliability,” even if the declarant is not available to testify in court. They found that one could infer reliability in cases where the evidences falls “within a firmly rooted hearsayHearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
exception,” but even in other cases, if “particularized guarantees of trustworthiness” can be shown, the evidence would be admitted.
Subsequent history
Ohio v. Roberts is no longer controlling authority. The Supreme Court later ruled, 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...
, that because the Sixth Amendment to the United States Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
specifies the right to confrontation, an “indicia of reliability” was not an adequate substitute for cross-examination. But the Court's recent decision in Michigan v. Bryant
Michigan v. Bryant
Michigan v. Bryant, 131 S. Ct. 1143 , is a case decided by the United States Supreme Court on February 28, 2011. The case concerns a criminal defendant's Confrontation Clause right regarding statements made by a deceased declarant....
may signal a "resurrection" of Roberts, as the Court based its decision on reliability of the out-of-court statement, rather than on the Defendant's opportunity to confront the witness bearing testimony against him.
See also
- California v. Green, , established the concept of the indicia of reliability.
- Mancusi v. Stubbs,
- Crawford v. WashingtonCrawford v. WashingtonCrawford 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...
, , a later case which reiterated some and rejected other findings of the Court. - List of United States Supreme Court cases, volume 448
External links
- Ohio v. Roberts at Cornell University Law School