United States v. Owens

Supreme Court of the United States

484 U.S. 554 (1988)

Feb 23, 1988

Neither Federal Rules of Evidence 802 nor the Confrontation Clause of the Sixth Amendment prohibits the admission of testimonial evidence concerning a prior, out-of-court identification when the witness suffers from memory loss and cannot recall or explain the basis for his identification.

Relevant Facts

The victim was attacked by a person with a metal pipe and lost his memory. Nevertheless, in an interview by the FBI, the victim described the attack and identified the defendant as the assailant from a photo. At trial, the victim testified that he clearly remembered identifying the defendant as his assailant, but on cross examination, the victim admitted that he could not remember seeing his assailant. Furthermore, the defense counsel was unable to refresh the victim’s recollection with hospital records. Nevertheless, the defendant was convicted.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 19, 2020

Judicial Opinion

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Procedural History

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Citations

484 U.S. 554 (1988)