State v. Kimball
Annotate this CaseAfter a jury trial, Defendant was convicted of domestic violence assault. Defendant appealed, arguing that his right to confront witnesses against him under the Confrontation Clauses of the United States and Maine Constitutions was violated when the victim refused to testify and the court admitted hearsay statements from the victim in the form of an emergency 9-1-1 record and the victim’s statements to an EMT. The Supreme Court affirmed, holding that the statements at issue that were admitted in evidence, including the 9-1-1 recording and the statements made to the EMT - were not testimonial in nature, and therefore, the trial court’s rulings did not exceed the bounds set by the U.S. Supreme Court’s jurisprudence.
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