Opinion
NO. 2019 KW 0177
02-13-2019
STATE OF LOUISIANA IN THE INTEREST OF M.M.
In Re: M.M., applying for supervisory writs, Juvenile Court, Parish of East Baton Rouge, No. 113091. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT GRANTED. There is no dispute that the defense did not have a prior opportunity to cross-examine the codefendant and that, due to the exercise of privilege, he is unavailable for cross-examination. Further, the codefendant's recorded statements are testimonial hearsay. The Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination." Crawford v. Washington, 541 U.S. 36, 53-54, 124 S.Ct. 1354, 1365, 158 L.Ed.2d 177 (2004). Accordingly, the ruling of the juvenile judge allowing the playing of a video recording of the statements of the codefendant is reversed.
JMG
MRT
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT