United States v. Donald Laverne Carlson, United States of America v. Gary Clarend Hofstad

How courts have described this case

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

• noting a notice requirement “should not be an inflexible and imposing barrier to the admissibility of probative evidence when the peculiar circumstances of a case militate against its invocation.”
• interpreting the requirement under Rule 804(b)(5) that testimony have “circumstantial guarantees of trustworthiness”
• requiring witness’s statements comply with 804(b) even though defendant procured witness absence
• stating “A waiver of the right of confrontation can take various forms. In some instances, an accused may voluntarily consent to forego his right of confrontation. For example, the accused may agree not to cross-examine witnesses at his trial.”
• due to threats, witness backed out of testifying the day before the trial was to commence
• “The Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery”

Source: CourtListener parenthetical corpus (CC0).