Davis v. State
Annotate this CaseAppellant Robert Davis was convicted of capital murder and aggravated robbery and was sentenced to life imprisonment without parole. On appeal, Appellant contended that the admission of a witness's out-of-court statement deprived him of his Sixth Amendment right to confront witnesses. Specifically, Appellant asserted that because the witness was unable to remember her out-of-court statement, she was constructively unavailable as a witness. The Supreme Court found no error and affirmed, holding that the fact that the witness was unable to recall the details of her out-of-court statement on direct examination was of no consequence where Davis declined the opportunity to cross-examine her.
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