Stupid question: Is article 38.071 section 2 still unconstitutional as per Coronado v. State (Tex. Crim. App. 2011)? I can't find anything to the contrary. Child is 5 and pretty traumatized. Do i have to put her on the stand in order to admit the prior, recorded interview?

Crawford has largely made it impossible to use a recording alone as evidence. Coronado is the most recent decision.

However, consider closed circuit TV.

In addition, if the child is impeached, it's possible to use the recording as a prior consistent statement.

And you have outcry and medical statements.

Also, consider whether the child is "unavailable" because of the actions of the defendant, thereby qualifying for admission of the statement through the new Forfeiture by Wrongdoing statute.

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