Evidence keyed to Waltz
United States v. Owens
Facts
After Mr. Foster was beaten and hospitalized, his memory was impaired. The first interview that law enforcement attempted was unsuccessful. During the second, Mr. Foster was able to describe the attack and pick the respondent out of a photo array. When Mr. Foster testified at trial, Mr. Foster testified about his memory loss. Defense counsel pointed out that he had attributed the assault to someone else while in the hospital, but Mr. Foster’s memory could not be refreshed. The respondent was convicted, and appealed to the Ninth Circuit Court of Appeals (the “Ninth Circuit”) based on the Sixth Amendment of the Constitution and F.R.E. Rule 802. The Ninth Circuit reversed, holding that the F.R.E. Rule 802 error had been harmless, but reversing based on the confrontation clause argument. The State appealed to the Supreme Court of the United States (“Supreme Court”).
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