Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

United States v. Garcia

United States Court of Appeals for the Ninth Circuit
7 F.3d 865 (9th Cir. 1993)


Lorenzo Garcia (defendant) was charged with four counts of sexual abuse of his niece, a minor. The prosecution filed a motion to permit the victim to testify via closed circuit television, rather than in the courtroom, as was permitted under certain circumstances by federal law. The trial court held several hearings on the motion, in which two expert witnesses testified. The first, Delphine Clashin, a mental health professional who had counseled the victim, stated that the victim was shy and ashamed to talk about the abuse. She also testified that the victim would likely suffer emotional trauma if compelled to testify in front of Garcia. The second expert witness was Dr. Herschel Rozensweig, who had not met the victim, but testified that a similarly situated child would very hesitant to testify and may suffer emotional distress if forced to testify in a courtroom. The trial judge also questioned the victim in his chambers, where the victim exhibited shyness and stated that she was afraid of testifying in front of Garcia. The trial court granted the prosecution’s motion and the victim testified via closed circuit television. The jury convicted Garcia. Garcia appealed, arguing that the testimony via closed circuit television violated his Sixth Amendment confrontation right. Specifically, Garcia argued that the federal law allowing closed circuit testimony was unconstitutional and that the trial court improperly admitted the testimony of the two expert witnesses.

Rule of Law


Holding and Reasoning (Choy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 448,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 448,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial