Nature of the Case
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Facts
D and J.M. had been dating and living together off and on for about two years and had a child together. J.M. sometimes lived with her mother and step-father. D visited the parents' home often, and they were familiar with his truck. The step-father saw D's truck pull in front of his house. J.M. got out from the passenger side walking 'very gingerly,' and then the truck sped away. J.M. was crying as she came into the house. J.M. stated, 'I'm hurt' and 'Where's mom?' J.M. pulled down her pants to show her mother her buttocks and legs which revealed welts and bruising. They called 911. Paramedic Hodge-McKinney found J.M. lying on a bed in a fetal position crying, with extensive bruising on her body. J.M. rated her pain a ten. A police officer also observed 'Massive bruising all over her body especially her legs and buttocks, welts, dark blue and black bruises. Pretty severe.' J.M. told the Paramedic that her boyfriend 'Dee' was the source of her injuries. J.M. was taken to a local hospital while being given an intravenous pain medication along the way. Forensic nurse Morrison treated J.M. observing that she was 'obviously in a lot of discomfort' and 'rolled up in a ball . . . in a near fetal position on one side, all hunched over, sort of in a protective sort of stance.' J.M. stated that she had been 'struck repeatedly with a belt,' and that 'it was her boyfriend Dee Ward' who beat her. J.M. was discharged to her parents' home later that evening with referrals to two domestic-violence support organizations, a recommendation for counseling, a prescription for pain medication, and instructions for minimizing the swelling. D was charged. D filed a motion to exclude J.M.'s testimony after she twice failed to appear for scheduled depositions. J.M. had been reported missing shortly after the assault and was classified as a missing person. D's motion was denied. With J.M. still missing P provided notice of intent to introduce J.M.'s statement identifying D as her attacker through the testimony and records of the Paramedic and the Forensic Nurse. The trial court granted that motion. D was convicted and appealed. D argues that J.M.'s statements were testimonial hearsay in violation of his confrontation rights under the Sixth Amendment. The Court of Appeals held that the challenged statements were non-testimonial and therefore did not violate the Sixth Amendment. D appealed.
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