Failure to raise Confrontation Clause challenge to hearsay evidence at trial or argue plain error on appeal waives issue for appellate consideration
EVIDENCE United States v. Solomon, No. 04-5063, ___ F.3d ___(10th Cir. Mar. 1, 2005)(N.D. Oklahoma). Appeal of convictions for possession of cocaine with intent to distribute, felon in possession of firearm, and possession of firearm in furtherance of drug trafficking crime in violation of 21 U.S.C. § 841(a), and 18 U.S.C. § 924(c), and § 922(g). HELD: Under Supreme Court’s Confrontation Clause holding in Crawford v. Washington, 124 S.Ct. 1354 (2004), district court erred at trial by admitting out-of-court statements made to police officer by driver of vehicle in which defendant was passenger at time of arrest. However, because defendant did not object to testimony on Sixth Amendment Confrontation Clause grounds, nor argue on appeal that it was plain error for district court to raise issue sua sponte, constitutional issue is waived and will not be considered on appeal. Read the opinion here. |
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