State v. Kyle Alan Richardson
156 Idaho 524
| Idaho | 2014Background
- State charged Richardson with three counts of delivery of methamphetamine ( Sept. 7, 9, 2011).
- Preliminary hearing held Feb. 22, 2012; confidential informant Bauer testified.
- State sought to admit transcript of Bauer’s preliminary hearing testimony because Bauer died.
- District court denied the motion to admit the transcript; State sought permissive appeal.
- Court granted permissive appeal; district court order reversed on appeal.
- Issue on appeal: admissibility of unavailable-witness transcript under Confrontation Clause and Idaho rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause allows former testimony of unavailable witness? | State argues transcript admissible under Crawford framework. | Richardson contends admission violates Confrontation Clause. | No; transcript admissible under adequate cross-examination. |
| I.R.E. 804(b)(1) and I.C. 9-336 permit? | State relies on similarity of motive and materiality. | Richardson argues inadequate preparation and motive. | Yes; admissible with safeguards under statute and rule. |
| Was there an adequate opportunity to prepare for cross-examination? | State shows Richardson knew Bauer was informant; adequate prep possible. | Richardson lacked knowledge, argued inadequate prep. | District court erred; Richardson had adequate opportunity to prepare. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation clause; testimonial statements require unavailability and cross-examination)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (testimonial vs non-testimonial; unavailability and cross-examination)
- Michigan v. Bryant, 131 S. Ct. 1143 (U.S. 2011) (limits confrontation to testimonial statements)
- Pointer v. Texas, 380 U.S. 400 (U.S. 1965) (opportunity for cross-examination as a factor)
- California v. Green, 399 U.S. 157 (U.S. 1970) (scope of cross-examination at preliminary hearing)
- Mancusi v. Stubbs, 408 U.S. 204 (U.S. 1972) (adequacy of cross-examination standards)
- State v. Mantz, 148 Idaho 303, 222 P.3d 471 (Ct. App. 2009) (illustrative indicators of adequate cross-examination)
- State v. Elisondo, 114 Idaho 412, 757 P.2d 675 (1988) (preliminary hearing testimony admissibility context under Idaho law)