Legal Opinion

State v. Garcia

Court of Appeals of North Carolina

Decided November 15, 2005No. COA05-127PublishedCited by 4 opinions

1Opinion of the Court

WYNN, Judge.

The Confrontation Clause bars the admission of out-of-court testimonial statements unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant. Crawford v. Washington, 541 U.S. 36, 68, 158 L. Ed. 2d 177, 203 (2004). In this case, Defendant contends the admission of the co-defendant’s written confession violated the confrontation clause. While we agree that the admission of the statement violated the confrontation clause, we hold that under the facts of this case, such error was harmless. Further, we find no error in the trial…

2Cases cited30 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. State v. OdomSupreme Court of North Carolina · 1983
  4. David W. McKay v. TexasSupreme Court of the United States · 1986
  5. State v. SmithSupreme Court of North Carolina · 1980

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3Cited by4 opinions

  1. State v. NorrisSupreme Court of North Carolina · 2006
  2. State v. MeltonCourt of Appeals of North Carolina · 2006
  3. State v. MitchellCourt of Appeals of North Carolina · 2014
  4. State v. HicksCourt of Appeals of North Carolina · 2008

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