SewingDeb
"Sorry, I'm not qualified to land the plane."
- Joined
- Apr 2, 2004
- Messages
- 8,958
- Reaction score
- 91
Court won't allow statements by killer's victim
WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Wednesday that a murder victim's prior statements cannot be used against her killer because it would violate a defendant's constitutional right to confront witnesses who testify against him.
The high court's 6-3 ruling was a victory for Dwayne Giles, who had been convicted by a jury in Los Angeles for the 2002 shooting death of his former girlfriend, Brenda Avie. He was sentenced to at least 50 years in prison.
The court majority said the constitutional right to confront a witness applied even if the defendant was responsible for the witness being unavailable to testify at trial.
At the trial, the jury heard statements that Avie made to a police officer several weeks before her death that Giles had assaulted her and threatened to kill her.
Giles appealed his conviction and argued that Avie's statements should not have been allowed because his lawyers never had an opportunity to cross-examine her.
http://news.yahoo.com/s/nm/20080625/ts_nm/usa_court_testimony_dc
WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Wednesday that a murder victim's prior statements cannot be used against her killer because it would violate a defendant's constitutional right to confront witnesses who testify against him.
The high court's 6-3 ruling was a victory for Dwayne Giles, who had been convicted by a jury in Los Angeles for the 2002 shooting death of his former girlfriend, Brenda Avie. He was sentenced to at least 50 years in prison.
The court majority said the constitutional right to confront a witness applied even if the defendant was responsible for the witness being unavailable to testify at trial.
At the trial, the jury heard statements that Avie made to a police officer several weeks before her death that Giles had assaulted her and threatened to kill her.
Giles appealed his conviction and argued that Avie's statements should not have been allowed because his lawyers never had an opportunity to cross-examine her.
http://news.yahoo.com/s/nm/20080625/ts_nm/usa_court_testimony_dc