Home -> Law Blog Directory -> Criminal Law Blogs -> JAABlog

Criminal Law

: JAABlog

March 14 FLW cases

By Donald Cannarozzi

CRAWFORD ISSUES:  State v. Contrearas, 33 Fla. L. Weekly S177 (Fla. Mar. 14, 2008).  A child victim?s statements made to a Child Protection Team are ?testimonial? as defined by Crawford.  Could the statements still be admitted under the child-hearsay exception?  Yes, if the child was unavailable and there was a prior opportunity to cross- examine the child.  In considering whether the child was ?available,? the Court found that a child may be unavailable due to the substantial likelihood of harm if the child testified in court.  Therefore, the Court found that the trial court did not abuse its discretion in finding the child unavailable.  Lastly, and most importantly, a discovery deposition is not a ?prior opportunity for cross-examination? as required by Crawford...continue to full post

Full post as published by JAABlog on April 07, 2008 (boomark / email).