Ohio v. Roberts (1979)
- Docket
- 78-756
- Decided
- 1979-01-01
Summary
Question: Does the introduction into evidence of prior testimony of a witness who had not been cross-examined violate the Sixth Amendment? Conclusion: No. Justice Blackmun delivered the opinion of the 6-3 majority. The Court held that the purpose of the Confrontation Clause was to restrict the admission of unreliable hearsay into evidence. Generally, face-to-face confrontation is preferred as it allows the accused to probe the memory of the witness and allows the jury to take the demeanor of the witness into account when assessing the reliability of the testimony. The Court held that the opportunity for face-to-face interaction with, and cross-examination of, the witness at the previous hearing satisfied the requirements of the Confrontation Clause for the later trial. Although Ms. Isaacs was not officially cross-examined, the questions she answered had the proper form and intent to satisfy the purpose of cross-examination and establish the reliability of the testimony. The Court also held that a witness may be declared officially unavailable if a good-faith effort was made to locate her, as was the case with Ms. Isaacs. Justice William J. Brennan, Jr. wrote a dissenting opinion and argued that the state did not meet its burden to show a diligent effort to locate Ms. Isaacs. The state sent subpoenas to the home of Ms. Isaacs’ parents, although there was evidence that she no longer resided there, and made no further effort to locate her new residence. Without evidence of a diligent effort to locate the witness, the requirements of the Confrontation Clause could not be circumvented. Justice Thurgood Marshall and Justice John Paul Stevens joined the dissent.