Evidence Digest: OHIO V. ROBERTS (1980)

Topic: Prior Testimony (Rule 130, Section 47)

OHIO V. ROBERTS
[448 U.S. 56, 100 S. Ct. 2531, 65 L. Ed. 2d 597, 1980 U.S.]

FACTS:

Defendant stayed at Anita Isaacs apartment for a few days. During his stay, he used the checks and credit cards under Bernard Isaacs’s name. At the preliminary hearing, Anita was called by the defendant’s counsel and was asked at length about granting permission to defendant which she denied. During the trial however, Anita was not available despite an extensive search by the prosecution and her family. Thus, the prosecution submitted her preliminary hearing testimony as evidence. Defendant objected but the trial judge allowed the evidence. Defendant was convicted, but the appellate court and The Supreme Court of Ohio sided with the defendant in not allowing the evidence.

ISSUE:

Whether the preliminary hearing testimony by an unavailable witness is admissible during the trial.

HELD:

YES. The rule for testimonies made by an unavailable witness correctly applies. The testimony was found reliable because the same includes the defendant's counsel cross-examining the witness during the preliminary hearing, as well as the inability of the prosecution to locate her despite the extensive search done. Thus, the preliminary hearing testimony was admissible in evidence.