Hammon v. Indiana

Amicus curiae brief of the NACDL and the Public Defender Service for the District of Columbia.

Brief filed: 12/23/2005

Documents

Hammon v. Indiana

United States Supreme Court; Case No. 05-5705

Argument(s)

Alleged domestic disturbance victim’s oral accusation made to an investigating officer at the scene of an alleged crime was a testimonial statement within the meaning of Crawford v. Washington,541 U.S. 36 (2004) where accuser did not testify at trial and was not subject to cross-examination; amici urge the Court to adopt a “bright line” rule that “testimonial” statements made to police and government agents require confrontation at trial. See also Davis v. Washington, No. 05-5224 (statements made during 911 call erroneously admitted at trial under “excited utterance” hearsay exception).

Author(s)

Timothy P. O'Toole, et al. 

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free