State v. Frazier (Signed Opinion)
Annotate this CaseDefendant was convicted of the second degree murder of his former girlfriend. Defendant appealed, submitting several assignments of error. The State conceded error with regard to two of those assignments but argued that the errors were harmless. The Supreme Court reversed and remanded, holding (1) it was constitutional error under the Confrontation Clause for the trial court to admit into evidence the autopsy report and to permit the chief medical examiner for the State to testify as a surrogate witness in place of the deputy assistant medical examiner, who conducted the forensic investigation into the circumstances of the victim's death; and (2) the error was not harmless, as the State failed to demonstrate that the autopsy finding and conclusions did not contribute to the verdict.
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