Legal Opinion

State v. O'Cain

Court of Appeals of Washington

Decided July 2, 2012No. 65735-6-IPublishedCited by 24 opinions

1Opinion of the CourtDwyer, J.

¶1 United States Supreme Court precedent establishes that it is a defendant’s obligation to raise at or before trial a Sixth Amendment confrontation clause objection to the admission of statements made by an absent witness. A failure to assert the right at or before trial results in the right being forgone. Here, James O’Cain was convicted of one count of assault in the second degree, one count of assault in the fourth degree, and one count of felony harassment, based in part upon out-of-court statements uttered by the victim, Sheila Robinson, to various medical personnel who treated Robinson…

2Cases cited62 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. Davis v. WashingtonSupreme Court of the United States · 2006

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3Cited by24 opinions

  1. State v. BurnsWashington Supreme Court · 2019
  2. State Of Washington, V Justin Michael HartCourt of Appeals of Washington · 2016
  3. State v. FraserCourt of Appeals of Washington · 2012
  4. City Of Seattle v. Jeffrey LevesqueCourt of Appeals of Washington · 2020
  5. State Of Washington v. Theresa ScanlanCourt of Appeals of Washington · 2018

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