Hardy v. Cross (2011)
- Docket
- 11-74
- Decided
- 2011-01-01
Summary
Question: Did the steps taken to attempt to locate A.S. satisfy the Confrontation Clause's good faith effort requirement? Conclusion: Yes. In a per curiam opinion the Supreme Court reversed the lower court. The Court held that the Confrontation Clause does not require the prosecution to exhaust every possibly avenue of inquiry, no matter how unlikely. Also under the Antiterrorism and Anti Death Penalty Act, a federal court cannot reverse a state court decision unless the state court acted unreasonably. In this case the state court was reasonable in deciding to declare A.S. unavailable and to admit her prior testimony.