QUESTION

Was my 6th amendment to confrontation violated?

Asked on Jan 08th, 2020 on Domestic Violence - Colorado
More details to this question:
So I went to jury trial for domestic violence case, no witnesses appeared ,the alleged victim failed to appear aswell . The prosecutor called on the reporting officer to testify that appeared on the scene 12 hours later as the incident wasn't reported until the next day while she was at her mothers house and the mom called 911. There was no situation there no excited utterances as everything was calm. The prosecutor then asked the officer what had happened and what the alleged victim had told him while he was interviewing her for possible domestic charges . My lawyer then Objected to confrontation as it was hearsay as the victim was not present and I did not have a chance to cross examine her at any time . The prosecutor argued it was to prove police conduct and not to prove the matter of the truth asserted, the judge ruled In favor of the prosecutor and allowed the officer to continue. He then went on to basically repeat almost verbatim what the alleged victim had told him ...
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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Sounds like you probably have a very good issue to appeal. I assume you will be doing so.
Answered on Jan 09th, 2020 at 7:20 AM

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