United States v. Young
United States Court of Appeals for the Eighth Circuit
753 F.3d 757 (2014)
- Written by Sean Carroll, JD
Facts
Elain Young (defendant) and Katherine Mock called 911 after Young’s husband, Melvin Griesbauer, was shot. Young and Mock each told Deputy Sheriff Tracy Salsberry separately that Young heard a gunshot in her barn and awakened Mock, who was staying at the property, and that the two found Griesbauer shot in the barn. The next day, Young told police that Mock had not been asleep and that Young had been unable to locate Mock after she heard the gunshot. At trial, the prosecution (plaintiff) introduced Mock’s statements to Salsberry to prove that Young and Mock had the same alibi, with the idea of showing that those alibis were fabricated. Young was convicted. Young appealed, arguing that Salsberry’s testimony about Mock’s statements violated the Confrontation Clause of the Sixth Amendment because Young did not have the opportunity to cross-examine Mock.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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