Ohio v. Roberts

448 U.S. 56 (1980)

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Nature of the Case

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Facts

Roberts (D) was charged with forgery and possession of stolen credit cards. At the preliminary hearing, D's counsel called Anita as his only witness. He tried to get her to admit that she had given D checks and credit cards without telling him that she was not allowed to use them. This questioning resembled cross-examination. It appeared to follow the purposes of cross-examination: to challenge the credibility of the witness and the accuracy of the testimony. However, the attempt was unsuccessful, and D was indicted. He was given new counsel. Anita was subpoenaed several times, but D could not get her to appear again. At trial, D testified that Anita had given him the checkbook and the credit cards with the understanding that he could use them. The prosecution offered the transcript of Anita's testimony for rebuttal, and D objected on confrontation grounds. The trial court conducted a hearing on the transcript's admissibility. Amy, the only witness, testified as to Anita's whereabouts. The trial court admitted the transcript, and D was convicted. On appeal, the Court of Appeals reversed. It was not satisfied with the prosecution's efforts to find Anita. The state Supreme Court affirmed this on different grounds, holding that since Anita had not been cross-examined at the preliminary hearing and was absent from the trial, the transcript's introduction into evidence violated D's right of confrontation.