Richardson v. State

BERGER, Justice:

In this appeal we again consider the use of out-of-court statements in criminal prosecutions. By statute, such statements may be used as affirmative evidence if a proper foundation is laid, and the witness is subject to cross-examination at the trial. But only the witness’s statement is admissible — not the interviewer’s explanations or opinions. In a trilogy of opinions issued in 2010, this Court addressed “recurring problems” with the admission of out-of-court statements. The Court noted more than a decade of decisions uniformly requiring that they be redacted to eliminate…