State v. Pilkey

OPINION

HARBISON, Justice.

This case involves aspects of comprehensive state statutes dealing with child abuse and sexual molestation. The primary issue concerns the state’s use at trial as substan tive evidence an ex parte videotaped statement taken from a victim of alleged sexual abuse under thirteen years of age. We are of the opinion that the use of such ex parte unsworn statements in the manner permitted in the trial of the present case violates the right of a criminal defendant to confront the witnesses against him or her, under the provisions of both the federal and state constitutions.

Th…