United States v. Ruffin
U S Air Force Court of Military Review
1Opinion of the Court
DECISION
HODGSON, Chief Judge:
The paramount issue in this case is whether an out-of-court statement of a 13 year old declarant is admissible into evidence under the residual hearsay exception of Mil.R.Evid. 804(b)(5). The accused contends that this expansion of the rule violates his Sixth Amendment rights to confrontation and cross-examination. The Government responds by urging that these rights are not absolute, but must in special *953circumstances, give way to accommodate legitimate prosecutorial interests. We hold that the statement was admissible in evidence.
I
On 24 February 1981, the accused…
2Cases cited18 opinions
- Chambers v. MississippiSupreme Court of the United States · 1973
- United States v. CareUnited States Court of Military Appeals · 1969
- United States v. Donald Laverne Carlson, United States of America v. Gary Clarend HofstadCourt of Appeals for the Eighth Circuit · 1977
- United States v. Milton Edward BaileyCourt of Appeals for the Third Circuit · 1978
- United States v. James A. Blakey and Louis A. BerryCourt of Appeals for the Seventh Circuit · 1979
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3Cited by16 opinions
- United States v. HinesUnited States Court of Military Appeals · 1986
- United States v. CraytonU S Air Force Court of Military Review · 1984
- United States v. BarrorU S Air Force Court of Military Review · 1985
- United States v. HarrisU S Air Force Court of Military Review · 1984
- United States v. HendersonU S Air Force Court of Military Review · 1984
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