Davis v. Washington, 547 U.S. 813 (2006)

Facts

  • Michelle McCottry called 911 during an alleged domestic assault by her former boyfriend, Adrian Martell Davis, describing events as they occurred and identifying Davis as the assailant.
  • McCottry did not appear at Davis’s trial for felony violation of a domestic no-contact order.
  • Over a Confrontation Clause objection, the trial court admitted the 911 recording; Davis was convicted.
  • In a companion case, police responded to a domestic disturbance involving Amy and Hershel Hammon.
  • Officers separated the parties; an officer questioned Amy in a separate room and obtained a signed battery affidavit recounting past events.
  • Amy did not appear at Hershel Hammon’s trial for domestic battery.
  • Over a Confrontation Clause objection, the trial court admitted the officer’s testimony about Amy’s statements and her affidavit; Hammon was convicted.

Issues

  1. Whether statements made during a 911 call describing a contemporaneous domestic assault are “testimonial” under the Sixth Amendment Confrontation Clause.
  2. Whether statements made to police on-scene after the apparent end of a domestic disturbance, including a signed affidavit describing past events, are “testimonial.”
  3. What objective standard governs when police questioning produces “testimonial” statements barred absent unavailability and a prior opportunity for cross-examination.

Decision

  • The Court announced an objective “primary purpose” test distinguishing testimonial from nontestimonial statements in the context of police questioning.
  • Statements are nontestimonial when the circumstances objectively indicate the primary purpose is to enable police assistance to meet an ongoing emergency.
  • Statements are testimonial when the circumstances objectively indicate no ongoing emergency and the primary purpose is to establish or prove past events potentially relevant to later prosecution.
  • In Davis, the 911 call statements were nontestimonial; admission of the recording did not violate the Confrontation Clause, and the conviction was affirmed.
  • In Hammon, the on-scene statements and signed affidavit were testimonial; their admission violated the Confrontation Clause, and the judgment was reversed and remanded.
  • The Confrontation Clause bars admission of testimonial statements by a non-testifying witness unless the witness is unavailable and the defendant had a prior opportunity to cross-examine.
  • Whether statements from police questioning are testimonial turns on an objective assessment of the circumstances and the interrogation’s primary purpose.
  • Ongoing-emergency questioning directed at resolving a present threat generally yields nontestimonial statements.
  • Structured questioning aimed at reconstructing past events for possible criminal prosecution generally yields testimonial statements, including formalized written affidavits.
  • Practical difficulties in prosecuting domestic violence cases do not alter the constitutional requirements for admitting testimonial hearsay.

Conclusion

The Court held that emergency-focused 911 statements describing events as they unfold are generally nontestimonial and admissible without prior cross-examination, while post-incident statements to police intended to establish past facts for prosecution are testimonial and inadmissible absent the confrontation prerequisites.