United States Ninth Circuit

In this case, the district court admitted, pursuant to the forfeiture exception to the Confrontation Clause, an unavailable witness’s out-of-court testimonial statements to the police. Conviction of defendants Johnson and Williams for armed robbery and murder is affirmed, where: 1) preponderance of the evidence remains the standard by which the Government must prove that the defendant intentionally secured the witness’s absence, not clear and convincing evidence; and 2) the Government produced sufficient evidence to demonstrate that Johnson had intentionally prevented the witness from testifying.

Appellate Information

• Decided 09/12/2014
• Published 09/12/2014

Judges

• Schroeder

Court

• United States Ninth Circuit

Counsel