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Rangel v. State

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eBook details

  • Title: Rangel v. State
  • Author : Wisconsin Court of Appeals
  • Release Date : January 13, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Rangel appealed, claiming that the trial judges decision to admit a videotaped interview of the child-victim with a CPS investigator in lieu of the victims testimony violated his rights under the Confrontation Clause to the Sixth Amendment. Rangel alleged that the videotaped interview was inadmissible because he did not have an opportunity to cross-examine the victim and the victims statements constituted testimonial hearsay. The court of appeals held that the victims statements were testimonial under the United States Supreme Courts decisions in Crawford v. Washington and Davis v. Washington. However, the court went on to hold that Rangel waived his confrontation challenge because he failed to avail himself of the procedure set out in Article 38.071, Section 2(b), which, according to the court, "provides an effective alternative means to the traditional face-to-face confrontation at trial."


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