California v. Merchant
Annotate this CaseFranswa Merchant was convicted by jury of kidnapping, battery, and dissuading a witness after he careened down the freeway refusing his girlfriend’s, Lisa S., pleas to stop or let her out. He allegedly pulled Lisa’s hair, and flung her cell phone out the window as she tried to call 911. Lisa did not appear at trial. Applying the forfeiture-by-wrongdoing exception to the Sixth Amendment right to confrontation, the court admitted her statements to law enforcement on the day of the incident. It further allowed the prosecution to introduce evidence of Merchant's prior acts of domestic violence against Lisa and his former girlfriend, J.C. Merchant challenged the admission of both categories of evidence. Finding no error, the Court of Appeal affirmed the judgment.
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