Davis v. Washington

547 U.S. 813, 126 S. Ct. 2266, 165 L. Ed. 2d 224, 2006 U.S. LEXIS 4886
Supreme Court of the United States·Decided June 19, 2006·No. 05-5224·Published·Cited by 4,079 cases

Opinions

[817] Justice Scalia

delivered the opinion of the Court.

These cases require us to determine when statements made to law enforcement personnel during a 911 call or at a crime scene are “testimonial” and thus subject to the requirements of the Sixth Amendment’s Confrontation Clause.

I

A

The relevant statements in Davis v. Washington, No. 05-5224, were made to a 911 emergency operator on February 1, 2001. When the operator answered the initial call, the connection terminated before anyone spoke. She reversed the call, and Michelle McCottry answered. In the ensuing conversation, the operator ascertained that McCottry was involved in a domestic disturbance with her former boyfriend Adrian Davis, the petitioner in this ease:

“911 Operator: Hello.
“Complainant: Hello.
“911 Operator: What’s going on?
“Complainant: He’s here jumpin’ on me again.
“911 Operator: Okay. Listen to me carefully. Are you in a house or an apartment?
“Complainant: I’m in a house.
“911 Operator: Are there any weapons?
“Complainant: No. He’s usin’ his fists.
“911 Operator: Okay. Has he been drinking?
“Complainant: No.
“911 Operator: Okay, sweetie. I’ve got help started. Stay on the line with me, okay?
“Complainant: I’m on the line.
[818] “911 Operator: Listen to me carefully. Do you know his last name?
“Complainant: It’s Davis.
“911 Operator: Davis? Okay, what’s his first name?
“Complainant: Adran
“911 Operator: What is it?
“Complainant: Adrian.
“911 Operator: Adrian?
“Complainant: Yeah.
“911 Operator: Okay. What’s his middle initial?
“Complainant: Mar tell. He’s runnin’ now.” App. in No. 05-5224, pp. 8-9.

As the conversation continued, the operator learned that Davis had “just r[un] out the door” after hitting McCottry, and that he was leaving in a car with someone else. Id., at 9-10. McCottry started talking, but the operator cut her off, saying, “Stop talking and answer my questions.” Id., at 10. She then gathered more information about Davis (including his birthday), and learned that Davis had told McCottry that his purpose in coming to the house was “to get his stuff,” since McCottry was moving. Id., at 11-12. McCottry described the context of the assault, id., at 12, after which the operator told her that the police were on their way. “They’re gonna check the area for him first,” the operator said, “and then they’re gonna come talk to you.” Id., at 12-13.

The police arrived within four minutes of the 911 call and observed McCottry’s shaken state, the “fresh injuries on her forearm and her face,” and her “frantic efforts to gather her belongings and her children so that they could leave the residence.” 154 Wash. 2d 291, 296, 111 P. 3d 844, 847 (2005) (en banc).

The State charged Davis with felony violation of a domestic no-contact order. “The State’s only witnesses were the two police officers who responded to the 911 call. Both officers testified that McCottry exhibited injuries that appeared [819] to be recent, but neither officer could testify as to the cause of the injuries.” Ibid. McCottry presumably could have testified as to whether Davis was her assailant, but she did not appear. Over Davis’s objection, based on the Confrontation Clause of the Sixth Amendment, the trial court admitted the recording of her exchange with the 911 operator, and the jury convicted him. The Washington Court of Appeals affirmed, 116 Wash. App. 81, 64 P. 3d 661 (2003). The Supreme Court of Washington, with one dissenting justice, also affirmed, concluding that the portion of the 911 conversation in which McCottry identified Davis was not testimonial, and that if other portions of the conversation were testimonial, admitting them was harmless beyond a reasonable doubt. 154 Wash. 2d, at 305, 111 P. 3d, at 851. We granted certiorari. 546 U. S. 975 (2005).

B

In Hammon v. Indiana, No. 05-5705, police responded late on the night of February 26, 2003, to a “reported domestic disturbance” at the home of Hershel and Amy Hammon. 829 N. E. 2d 444, 446 (Ind. 2005). They found Amy alone on the front porch, appearing “ ‘somewhat frightened,’ ” but she told them that “ ‘nothing was the matter,’ ” id., at 446, 447. She gave them permission to enter the house, where an officer saw “a gas heating unit in the corner of the living room” that had “flames coming out of the . . . partial glass front. There were pieces of glass on the ground in front of it and there was flame emitting from the front of the heating unit.” App. in No. 05-5705, p. 16.

Hershel, meanwhile, was in the kitchen. He told the police “that he and his wife had ‘been in an argument’ but ‘everything was fine now’ and the argument ‘never became physical.’” 829 N. E. 2d, at 447. By this point Amy had come back inside. One of the officers remained with Hershel; the other went to the living room to talk with Amy, and “again asked [her] what had occurred.” Ibid.; App. in No. 05-5705, at 17, 32. Hershel made several attempts to [820] participate in Amy’s conversation with the police, see id., at 32, but was rebuffed. The officer later testified that Hershel “became angry when I insisted that [he] stay separated from Mrs. Hammon so that we can investigate what had happened.” Id., at 34. After hearing Amy’s account, the officer “had her fill out and sign a battery affidavit.” Id., at 18. Amy handwrote the following: “Broke our Furnace & shoved me down on the floor into the broken glass. Hit me in the chest and threw me down. Broke our lamps & phone. Tore up my van where I couldn’t leave the house. Attacked my daughter.” Id., at 2.

The State charged Hershel with domestic battery and with violating his probation. Amy was subpoenaed, but she did not appear at his subsequent bench trial. The State called the officer who had questioned Amy, and asked him to recount what Amy told him and to authenticate the affidavit. Hershel’s counsel repeatedly objected to the admission of this evidence. See id., at 11, 12, 13, 17, 19, 20, 21. At one point, after hearing the prosecutor defend the affidavit because it was made “under oath,” defense counsel said, “That doesn’t give us the opportunity to cross examine [the] person who allegedly drafted it. Makes me mad.” Id., at 19. Nonetheless, the trial court admitted the affidavit as a “present sense impression,” id., at 20, and Amy’s statements as “excited utterances” that “are expressly permitted in these kinds of cases even if the declarant is not available to testify,” id., at 40. The officer thus testified that Amy

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Davis v. Washington, 547 U.S. 813, 126 S. Ct. 2266, 165 L. Ed. 2d 224, 2006 U.S. LEXIS 4886 (2006).

547 U.S. 813 (Davis v. Washington) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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