Anderson v. State
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The Supreme Court affirmed the judgment of the district court admitting certain out-of-court statements after finding that the witness was unavailable and that Defendant had intentionally deterred the witness from appearing at trial, holding that the record supported the court's conclusion that the State met its burden of proof in invoking the forfeiture by wrongdoing exception to the Confrontation Clause.
Relying on the forfeiture by wrongdoing exception the trial court admitted the out-of-court statements despite Defendant's assertion of his right to confrontation. The Supreme Court affirmed, holding (1) the preponderance of the evidence standard is the appropriate burden of proof for purposes of the forfeiture by wrongdoing exception to the Confrontation Clause; and (2) the trial court did not err in its application of the forfeiture by wrongdoing exception to admit the witness's out-of-court statements.
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