State v. Mechling

How courts have described this case

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

• holding that once it becomes objectively apparent the emergency has passed, police questions are likely to elicit testimonial statements subject to the Confrontation Clause
• stating that “Non­ testimonial statements by an unavailable declarant, . . . are not precluded from use by the Confrontation Clause.”
• holding that the Confrontation Clauses contained within the Sixth Amendment to the United States Constitution and within Article III Section 14 of the West Virginia Constitution bar the admission of testimonial statements 11 made by a witness who does not appear at trial
• holding where police arrive on scene after being dispatched to a domestic violence call and interview the victim, those statements cannot substitute for the victim’s live testimony because such statements are inherently testimonial
• discussing why domestic violence victims often do not cooperate with, or seek assistance from, law enforcement officials vis-a-vis their batterers
• discussing why domestic violence victims often do not cooperate with, or seek assistance from, law enforcement officials vis-a-vis their batterers

Source: CourtListener parenthetical corpus (CC0).