Out-Of-Court Statement Can Be Admitted Into Evidence

1970

In Dutton v. Evans, the U.S. Supreme Court rules that a Georgia trial court did not violate the confrontation clause when it permitted a witness to testify at the trial of one defendant, Mr. Evans, about a comment made by Mr. Evans’ co-defendant while both were in a holding cell together. Because the comment was not “crucial” or “devastating” evidence against Mr. Evans, and because he was able to cross-examine the witness about his conversation with the co-defendant, the Court concludes the jury had “a satisfactory basis for evaluating the truth” of the statement, and therefore, the Sixth Amendment’s confrontation clause was not violated.