CASE LAW UPDATE: Whether the 911 calls were not barred by the 6th Amendment right of confrontation because they were nontestimonial?
Two victims call 911 after defendant pistol whipped them. The State charged defendant with unlawful possession of a firearm, second degree assault with a dangerous weapon, and misdemeanor domestic assault. The trial court admitted the victims’ 911 calls into evidence as nontestimonial excited utterances. On appeal, defendant challenged the admission of the 911 calls on the ground that it violated the 6th Amendment’s confrontation clause. The Minnesota Court of Appeals concluded that because the circumstances surrounding the 911 calls objectively showed that the primary purpose of the statements was to describe the circumstances requiring police assistance, the statement were nontestimonial. Affirmed.
State v. Stuckey, A20-0595, Hennepin County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.