Defendant’s right to face-to-face confrontation is not necessarily violated if witness testifies at trial via telephone
CONFRONTATION CLAUSE United States v. Schuler, No. 05-8067, ___ F.3d ___ (10th Cir. Aug. 14, 2006)(Wyoming). Appeal of convictions for mail fraud and money laundering in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 1956(a)(1)(A)(I). HELD: Defendant’s Confrontation Clause rights were not violated by witness testifying at trial via telephone as to digits of her social security number where: (1) testimony was given under oath and subject to cross-examination; and (2) testimony was uncontroverted and subject to finding of “absolute proof.” Read the opinion here. |
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