Evidence Commons^™

A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial.  A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse.  Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability").  The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …