State v. Tome
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The Supreme Court reversed Defendant's conviction of sexual intercourse without consent, holding that Defendant's constitutional right to confront his accusers was violated during his second criminal trial.
The victim, T.C., was thirteen years old, deaf, and developmentally delayed. During trial, the district court found T.C. incompetent and declared a mistrial. At the second trial, Defendant objected to the hearsay testimony from five witnesses who would testify to what T.C. told them. Defendant argued that his right to confrontation was violated when he was denied his request to interview or depose T.C. and when he could not cross-examine T.C. during trial. Defendant was convicted of sexually assaulting T.C. The Supreme Court reversed, holding that Defendant's constitutional right of confrontation was violated when the court admitted testimony from three witnesses about T.C.'s out-of-court statements without Defendant having a prior opportunity to cross-examine T.C., and the error was not harmless.
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