Ohio v. Roberts

Last updated
Ohio v. Roberts
Seal of the United States Supreme Court.svg
Argued November 26, 1979
Decided June 25, 1980
Full case nameOhio v. Hershel Roberts
Citations448 U.S. 56 ( more )
100 S. Ct. 2531; 65 L. Ed. 2d 597; 1980 U.S. LEXIS 140
Holding
The introduction in evidence at respondent's trial of the daughter's preliminary hearing testimony was constitutionally permissible.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Potter Stewart
Byron White  · Thurgood Marshall
Harry Blackmun  · Lewis F. Powell Jr.
William Rehnquist  · John P. Stevens
Case opinions
MajorityBlackmun, joined by Burger, Stewart, White, Powell, Rehnquist
DissentBrennan, joined by Marshall, Stevens
Laws applied
U.S. Const. amends. VI, XIV
Overruled by
Crawford v. Washington (2004)

Ohio v. Roberts, 448 U.S. 56 (1980), is a United States Supreme Court decision dealing with the Confrontation Clause of the Sixth Amendment to the United States Constitution.

Contents

Factual background

Herschel Roberts was charged with forgery of a check and with possession of stolen credit cards. At the preliminary hearing, defense counsel called the victims' daughter to the stand and tried to elicit from her an admission that she provided the defendant with the checks and the credit card but failed to inform the defendant that she did not have permission to use them. Counsel was unable to elicit this admission nor did the prosecutor cross-examine the witness.

The daughter was subpoenaed five times but never appeared for trial. At trial, the defendant testified that the daughter had given him her parents' checkbook and credit cards with the understanding he could use them. The State, on rebuttal, offered the transcript of the daughter's testimony pursuant to Ohio Rev. Code Ann. Section 2945.49 (1975) which permits the use of preliminary examination testimony of a witness who “cannot for any reason be produced at trial.” The defense objected asserting that use of the transcript violated the Confrontation Clause of the Sixth Amendment to the United States Constitution (incorporated to the States under the Fourteenth Amendment to the United States Constitution). The trial court admitted the transcript and the defendant was convicted. The Supreme Court of Ohio overturned the conviction. That court held that the daughter's absence at trial and the lack of cross-examination at the preliminary hearing violated the Confrontation Clause.

Opinion of the Court

The Supreme Court held that the daughter's statement did not violate the Confrontation Clause. They reasoned that out-of-court statements can be admissible if they bear an adequate “indicia of reliability,” even if the declarant is not available to testify in court. They found that one could infer reliability in cases where the evidences falls “within a firmly rooted hearsay exception,” but even in other cases, if “particularized guarantees of trustworthiness” can be shown, the evidence would be admitted.

Subsequent history

Ohio v. Roberts is no longer controlling authority. The Supreme Court later ruled, in Crawford v. Washington , that because the Sixth Amendment to the United States Constitution specifies the right to confrontation, an “indicia of reliability” was not an adequate substitute for cross-examination. But the Court's recent decision in Michigan v. Bryant may signal a "resurrection" of Roberts, as the Court based its decision on reliability of the out-of-court statement, rather than on the Defendant's opportunity to confront the witness bearing testimony against him. [1]

See also

Related Research Articles

Sixth Amendment to the United States Constitution 1791 amendment enumerating rights related to criminal prosecutions

The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

Maryland v. Craig, 497 U.S. 836 (1990), was a U.S. Supreme Court case involving the Sixth Amendment. The Court ruled that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim.

Strauder v. West Virginia, 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. Strauder was the first instance where the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court pursuant to Section 3 of the Civil Rights Act of 1866.

Crawford v. Washington, 541 U.S. 36 (2004), is a United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment. The Court held that prior testimonial statements of witnesses who have since become unavailable may not be admitted without cross-examination.

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.

Davis v. Washington, 547 U.S. 813 (2006), was a case decided by the Supreme Court of the United States holding that hearsay statements made in a 911 call asking for aid were not "testimonial" in nature and thus their introduction at trial did not violate the Confrontation Clause as defined in Crawford v. Washington.

Fifth Amendment to the United States Constitution 1791 amendment enumerating due process rights

The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment.

Whorton v. Bockting, 549 U.S. 406 (2007), was a United States Supreme Court case about the application of the Confrontation Clause and whether Crawford v. Washington (2006) applied retroactively. Justice Samuel Alito, writing for a unanimous Court, ruled that Crawford did not apply retroactively.

Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), is a United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. While the court ruled that the then-common practice of submitting these reports without testimony was unconstitutional, it also held that so called "notice-and-demand" statutes are constitutional. A state would not violate the Constitution through a "notice-and-demand" statute by both putting the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and also giving the defendant sufficient time to raise an objection.

The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the Supreme Court of the United States since this rule began.

Griffin v. Illinois, 351 U.S. 12 (1956), was a case in which United States Supreme Court held that a criminal defendant may not be denied the right to appeal by inability to pay for a trial transcript.

United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), is a United States Supreme Court case that determined the constitutionality of deporting aliens who might give testimony in criminal alien smuggling prosecutions. Because deporting alien witnesses might take away a testimony that would be both “material and favorable” to the defendant, it gives rise to a potential motion from the defense to dismiss the indictment under the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fifth Amendment.

Gail S. Goodman is an American psychologist, known as one of the first in her field to study children's roles in the legal system, specifically children's eyewitness testimony pertaining to the Sixth Amendment. Her awards for her contributions to research, writing, and teaching include the American Psychological Association Award for Distinguished Contributions to Psychology in the Public Interest in 2017. Her involvement includes being cited in United States Supreme Court cases, which is rare for psychologists.

United States constitutional criminal procedure United States constitutional criminal procedure

The United States Constitution contains several provisions regarding the law of criminal procedure.

Cruz v. New York, 481 U.S. 186 (1987), was an important United States Supreme Court decision which held that the Confrontation Clause barred the admission, in a joint trial, of a nontestifying codefendant's confession incriminating the defendant, even if the defendant's own confession was admitted against him.

Washington v. Texas, 388 U.S. 14 (1967), is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution is applicable in state courts as well as federal courts. Jackie Washington had attempted to call his co-defendant as a witness, but was blocked by Texas courts because state law prevented co-defendants from testifying for each other, under the theory that they would be likely to lie for each other on the stand.

Taylor v. Illinois, 484 U.S. 400 (1988), is a United States Supreme Court decision in which the Court held that defense witnesses can be prevented from testifying under certain circumstances, even if that hurts the defense's case. Taylor was the first case to hold that there is no absolute bar to blocking the testimony of a surprise witness, even if that is an essential witness for the defendant, a limitation of the broad right to present a defense recognized in Washington v. Texas (1967).

Chambers v. Mississippi, 410 U.S. 284 (1973), was a United States Supreme Court case in which the Court held that a state may not enforce its rules of evidence, such as rules excluding hearsay, in a fashion that disallows a criminal defendant from presenting reliable exculpatory evidence and thus denies the defendant a fair trial.

Pointer v. Texas, 380 U.S. 400 (1965), was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings. The Sixth Amendment in the Bill of Rights states that, in criminal prosecutions, the defendant has a right "...to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor..." In this case, a person arrested in Texas for robbery was deprived of the ability to cross-examine a witness when the lower court allowed the introduction of a transcript of that witness's earlier testimony at a preliminary proceeding instead of compelling attendance by the witness at trial.

Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of the defendant.

References

Further reading