stating that the Supreme Court expressly noted in Green *74 that, “where the declarant is not absent, but is present to testify and to submit to cross-examination, our cases, if anything, support the conclusion that the admission of his out-of-court statements does not create a confrontation problem”
How later courts described this case
- stating that the Supreme Court expressly noted in Green *74 that, “where the declarant is not absent, but is present to testify and to submit to cross-examination, our cases, if anything, support the conclusion that the admission of his out-of-court statements does not create a confrontation problem”
- stating that the Supreme Court expressly noted in Crawford that, "where the declarant is not absent, but is present to testify and to submit to cross-examination, our cases, if anything, support the conclusion that the admission of his out-of-court statements does not create a confrontation problem”
- holding that interrogating officer’s statements to defendant that “there’s a way you can work around this” and that defendant would have no future unless he was honest about what had happened did not constitute a promise or threat that rendered defendant’s confession involuntary
- stating that the United States Supreme Court "specifically noted that its holding does not alter the rule that 'when the declarant appears *966 for cross-examination at trial, the Confrontation Clause places no constraints at all on the use of his prior testimonial statements'"
Written by the judges who cited it.
The opinion
RUCKER, J.,
concurs except for the majority's resolution concerning the sentence. Rather than remand this cause for a second time to cure an inadequate sentencing order, he would impose the maximum terms of 65 years for the murder conviction. He would further order the sentence to be served consecutive to the sentences the trial court has already imposed for attempted murder and carrying a handgun without a license.