United States Sixth Circuit

The admission of videotaped prior testimony without a showing of the witness's unavailability violates the confrontation rights of a criminal defendant and the state's interest in conserving its resources in felony cases does not make the witness unavailable.

Appellate Information

• Argued 08/07/2001
• Decided 10/11/2001
• Published 10/11/2001

Judges

• Before: MOORE and COLE, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• John Fenlon (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, for Petitioner-Appellee., Mark Joseph Zemba (briefed), Office of the Attorney General of Ohio, Corrections Litigation Section, Cleveland, OH, Stuart W. Harris (argued), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Respondent-Appellant.