State v. Blue

KAPSNER, Justice.

[¶ 1] James Blue appealed from a criminal judgment requesting review of an order granting the State’s motion to use a videotaped discussion between a four-year-old and a forensic interviewer. After viewing the videotape testimony, a jury found him guilty of gross sexual imposition. Because the videotape was a testimonial statement and the child was available to testify, the playing of the videotape without the opportunity to cross-examine the witness violated Blue’s constitutional right to confront his accuser in violation of the Sixth Amendment. We therefore reverse and…