Legal Opinion · Concurrence

Blount v. Hardy

Court of Appeals for the Fourth Circuit

Decided July 9, 2009No. 08-6366Unpublished

1ConcurrenceMichael, Circuit Judge

I concur in the court’s opinion and in the conclusion that “the North Carolina Court of Appeal’s determination ... is not unreasonable” under current Supreme Court precedent. Ante at 12. I write separately to express my concern about what I see as a very troubling case that would have benefitted from clearer guidance as to how the Confrontation Clause applies to the out-of-court statement of a child witness who is unavailable to testify because of her very young age.

I

Donald Blount was convicted in North Carolina state court of the rape and sexual molestation of a child and sentenced to prison…

2Cases cited5 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Davis v. WashingtonSupreme Court of the United States · 2006
  3. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  4. United States v. Edward E. Bordeaux, Jr.Court of Appeals for the Eighth Circuit · 2005
  5. Anderson v. StateIndiana Court of Appeals · 2005

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