Fowler v. State

BOEHM, Justice.

Under the recent decision of the Supreme Court of the United States in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), a prior testimonial statement is admissible against the defendant in a criminal prosecution only if the person who makes the statement is available for cross-examination either before the trial or at the trial. We hold that a witness who takes the stand but refuses to answer questions with no claim of privilege is available until the witness refuses to answer after being ordered to do so.

Not surprisingly, this issue, like the scope…