Evidence-Wellborn SU2006 Outline

Is not restricted to what was bought up on direct ex

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Unformatted text preview: ion to allow the minor victim to testify via two-way closed circuit television. Trial court granted the motion District court conducted hearings to determine whether Jane should be permitted to testify out of the physical presence of the defendant. o Children's mental health spet who knew Jane said she thought Jane would be emotionally traumatized by D's appearance in the courtroom o Psychiatrist who didn't treat Jane said that a child fitting her description would be traumatized by testifying in the courtroom. Issue: Did it violate Garcia's right to confrontation by having Jane testify via two-way closed circuit television? Holding: Garcia's right to confrontation was not violated. o Background information provided by the psychiatrist and the mental health spet provided a sufficient basis for the district court to conclude that there was a substantial likelihood that Jane would suffer emotional trauma to the extent that she would be unable to reasonably communicate in court in the d's presence. Notes: Child witness sta...
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