Crawford v. Commonwealth

704 S.E.2d 107 (2011)

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Crawford v. Commonwealth

Virginia Supreme Court
704 S.E.2d 107 (2011)

  • Written by Haley Gintis, JD

Facts

In 2004, Sarah Crawford and Anthony Dale Crawford (defendant) separated. Sarah confided in her parents, friends, and coworkers that Anthony had been abusive and that she was afraid for her safety. On the day that she moved out, the police had to intervene because Anthony became violent and began threatening her. Sarah took many safety measures to try to protect herself. Sarah obtained a protective order by submitting to the court an affidavit in which she described the various incidents of physical, emotional, and sexual abuse that Anthony had inflicted. Sarah also described Anthony’s various threats against her. On November 22, 2004, Sarah’s body was found in a motel room. Sarah had been shot in the chest and Anthony’s semen was found in her body. Anthony was arrested while driving Sarah’s car. The Commonwealth of Virginia (plaintiff) prosecuted Anthony for Sarah’s death. At trial, the prosecution introduced into evidence Sarah’s affidavit. Anthony was convicted and appealed on the ground that his right to confrontation in the Sixth Amendment to the United States Constitution had been violated because the affidavit was improperly introduced into evidence. The court of appeals found that the affidavit was not testimonial in nature and therefore did not violate Anthony’s right to confrontation. Anthony appealed.

Rule of Law

Issue

Holding and Reasoning (Lemons, J.)

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