Testimonial and Non-Testimonial Statements

Further Update: on  June 18, 2015, the U.S. Supreme Court reversed the Supreme Court of Ohio in this case.  Read the analysis here.

Update: On October 2, 2014, the U.S. Supreme Court granted cert. in this case, now captioned Ohio v. Clark. 13-1352.

On October 30, 2013, the Supreme Court of Ohio handed down a

This post is meant as a companion piece to better understand the merit decision in State v. Clark, posted here.

Federal Precedent

In 2004, in Crawford v. Washington, a landmark opinion of the U.S. Supreme Court authored by Justice Scalia, the Court held that to meet the requirements of the Confrontation Clause, certain kinds

On November 27, 2013, the Supreme Court handed down a merit decision in this case.  Read the analysis here.

On May 7, 2013, the Supreme Court of Ohio heard oral argument in the case of State v. Daniel Arden Keck II, 2011-0686. The issue in this case is whether the Confrontation Clause prohibits the

On November 27, 2013, the Supreme Court handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On May 7, 2013, the Supreme Court of Ohio will hear oral argument in the case of State v. Daniel Arden Keck II, 2011-0686. The issue in

Update: On October 30, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here.

On January 23, 2013, the Supreme Court head oral argument in State v. Darius Clark, 2012-0215. The issue in the case is whether a child’s statement to his teachers about physical abuse constitutes testimonial

Update: On September 5, 2013 the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On January 23, 2013, the Supreme Court heard oral argument in State v. Ricks, 2011-1912. This murder conviction appeal involves the admissibility of a non-testifying co-defendant’s out-of-court statements through the testimony of

Update: On September 5, 2013 the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On January 23, 2013, the Supreme Court of Ohio will hear oral argument in the case of State v. Ricks, 2011-1912. This murder trial

Update: On October 30, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here.

Read the analysis of the oral argument here.

On January 23, 2013, the Supreme Court of Ohio will hear oral argument in the case of State v. Clark, 2012-0215.  At issue in this case