Legal Opinion

State v. Jasper

Court of Appeals of Washington

Decided September 20, 2010No. 63442-9-IPublishedCited by 18 opinions

1Opinion of the CourtDwyer, C.J.

¶1 The confrontation clause of the Sixth Amendment prohibits the admission of an affidavit containing testimonial statements absent an opportunity for the defendant to cross-examine the witness. An affidavit attesting that the affiant performed a diligent search of records and that the records revealed that the defendant’s license to drive was suspended or revoked on a particular day contains testimonial assertions. Thus, such an affidavit is inadmissible where the defendant is not provided an opportunity to cross-examine the witness. An affidavit containing such statements was admitted into…

2Cases cited56 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Davis v. WashingtonSupreme Court of the United States · 2006
  4. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  5. Palmer v. HoffmanSupreme Court of the United States · 1943

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3Cited by18 opinions

  1. State v. JasperWashington Supreme Court · 2012
  2. Commonwealth v. ParenteauMassachusetts Supreme Judicial Court · 2011
  3. State v. ManionCourt of Appeals of Washington · 2013
  4. State v. HummelCourt of Appeals of Washington · 2012
  5. State v. JasperCourt of Appeals of Washington · 2010

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