Vann v. State

Robert H. Dudley, Justice.

We hold that A.R.E. Rule 803(25), the “statute” of evidence enacted by the General Assembly, violates the Confrontation Clause of the Sixth Amendment. We make no holding as to its validity in civil cases. The facts in the case are as follows. The appellant was charged with the rape of his three-year-old niece. As provided in A.R.E. Rule 803(25), the State moved for a pre-trial hearing to prove the “reasonable likelihood of trustworthiness” of the three-year-old child’s out-of-court statements to her mother, a nurse, and a policeman. The trial court heard the evidence…