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· 1/12/2024

Jason Hodge v. Amanda Carter, Independent Administrator of the Estate of Quinton Hodge, Jr., A/K/A J. Q. Hodge, Jr., And Charlotte Hodge

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “policies underlying the general prohibition of hearsay” are “especially cogent when the testimony of a witness is critical to the prosecution’s case against the defendant”
  • requiring good faith effort as an aspect of the Sixth Amendment right to confrontation
  • “It is difficult to believe that if the preliminary hearing testimony of this critical witness were not available, the prosecution would have abandoned its efforts at this point to locate [the witness].”
  • confrontation rights are “especially cogent when the testimony of a witness is critical to the prosecution’s case against the defendant”
  • \Confrontation Clause considerations `are especially cogent when the testimony of a witness is critical to the prosecution's case against the defendant.' \
  • “We are not prepared to equate ‘unavailability’ with ‘evasiveness.’ The government failed to establish that [the witness] could not have been located and brought to trial by a reasonably diligent search. Accordingly we hold that the witness was not ‘unavailable’ . . . .”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.