July 29, 2011

State v. Cabbell/State v. Calhoun (A-89/90-09; 065129) 7-26-11

7-26-11 State v. Timyan Cabbell/State v. John Calhoun (A-89/90-09; 065129)

Both defendants were denied their federal and state constitutional rights to confront Karine Martin, a key State’s witness, before the jury. For that reason, Martin’s out-of-court statement to the police incriminating defendants should not have been read to the jury and the admission of that statement was not harmless error.

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