October 27, 2004, 16:42
<Kevin Landtroop>Crawford and child hearsay statements
We have an article on the Crawford Watch section discussing forfeiture by wrongdoing as a response to post-Crawford confrontation clause objections to hearsay statements in child abuse cases. Theory: since the abuser's actions cause witness unavailability a la Maryland v. Craig, the defendant forfeits his confrontation clause objection. Has anyone tried to make this argument? I can't find any Texas cases even close on this question.