State v. Kennedy
Arizona Court of Appeals
No. 2 CA-CR 2015-0082, 2016 Ariz. App. LEXIS 752 (2016)
- Written by Sean Carroll, JD
Facts
David Kennedy (defendant) was charged with murder. A.O. testified against Kennedy at a preliminary hearing. At that point in the proceedings, the prosecution (plaintiff) had not disclosed a lot of the information it had about the case. Further, Kennedy had only received his appointed attorney two weeks prior to the hearing. Nevertheless, Kennedy cross-examined A.O. At trial, A.O. was unavailable. The prosecution sought to introduce A.O.’s testimony from the preliminary hearing. The trial court permitted the introduction over Kennedy’s objection. Kennedy was convicted, and he appealed, arguing that the introduction of the prior testimony violated his rights under the Confrontation Clause.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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