Hershel Hammon v. Indiana

Questions presented

SCOTUS records, cert granted 31 Oct 2005

Whether an oral accusation made to an investigating officer at the scene of an alleged crime is a testimonial statement within the meaning of Crawford v. Washington, 541 U.S. 36 (2004).

Opinion summary

Etalia.ai summary of the majority opinion

The case involved Hershel Hammon, who was convicted of domestic battery and violating a protective order. The conviction relied heavily on statements made by his wife to police officers at the scene, which were admitted as evidence despite her not testifying in court. This raised questions about the Sixth Amendment's Confrontation Clause, which guarantees defendants the right to confront their accusers. The Supreme Court examined whether such out-of-court statements could be used without cross-examination if they are considered 'testimonial.' Ultimately, this case was consolidated with Davis v. Washington for decision purposes and addressed how testimonial statements should be treated under Crawford v. Washington precedent.

Opinion written by Justice Scalia

Decided 19 Jun 2006 · Official report

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