Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Ohio v. Roberts

• 1979 • 448 U.S. 56 • Burger Court
In the case of Ohio v. Roberts in 1979, the U.S. Supreme Court ruled on a matter concerning the Confrontation Clause of the Sixth Amendment, which guarantees defendants in criminal cases the right to confront their accusers. The defendant, Herschel Roberts was charged with forgery for passing off stolen checks and his accomplice's preliminary hearing testimony was used against him at trial because she could not be located to testify in person. The court had to decide whether this violated...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Burger Court
Term: 1979
Docket: 78-756
448 U.S. 56
100 S. Ct. 2531
65 L. Ed. 2d 597
1980 U.S. LEXIS 140
Argued: Nov 26, 1979

Ohio v. Roberts

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

In the case of Ohio v. Roberts in 1979, the U.S. Supreme Court ruled on a matter concerning the Confrontation Clause of the Sixth Amendment, which guarantees defendants in criminal cases the right to confront their accusers. The defendant, Herschel Roberts was charged with forgery for passing off stolen checks and his accomplice's preliminary hearing testimony was used against him at trial because she could not be located to testify in person. The court had to decide whether this violated Robert’s rights under the Confrontation Clause or if it fell within an exception allowing hearsay evidence when a witness is unavailable but has given prior testimony under oath subject to cross-examination. The Supreme Court held that using such testimonies does not violate constitutional rights as long as they bear "adequate indicia of reliability". This can be established either by falling within a firmly rooted hearsay exception or bearing particularized guarantees of trustworthiness. This decision set forth what came to be known as “the Ohio v. Roberts test” for determining when out-of-court statements may be admitted into evidence despite objections based on confrontation clause grounds.

Dissent Summary
AI Abstract

In the dissenting opinion for Ohio v. Roberts, Justice William Brennan Jr., joined by Justices Potter Stewart and Thurgood Marshall, argued that the majority's decision to allow hearsay evidence violated the defendant's Sixth Amendment right to confront witnesses against him. They contended that allowing such evidence based on its reliability was a departure from established precedent which required "unavailability" of a witness before their out-of-court statements could be admitted into trial. The dissenting justices believed this shift would lead to increased use of hearsay testimony in criminal trials, undermining defendants' rights and potentially leading to wrongful convictions due to unreliable or unchallenged testimonies. They also disagreed with the majority’s interpretation of “unavailability,” arguing it should only apply when a witness is physically unable or refuses to testify despite court orders.

Opinion written by Justice HABlackmun
Decided: Jun 25, 1980
PDF viewer is not available.
Oral Transcript
Argued: Oct 05, 2026
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms