Ohio v. Roberts
United States Supreme Court
448 U.S. 56 (1980)
At Roberts's (defendant's) preliminary hearing on forgery and stolen-property charges, the alleged victims' daughter, Anita, testified and denied giving Roberts permission to use her parents' checks and cards; Roberts's counsel cross-examined her at that hearing. Anita could not be located for trial despite a subpoena, and the prosecution introduced a transcript of her preliminary-hearing testimony over Roberts's Confrontation Clause objection; the trial court admitted it and convicted Roberts, but the Ohio Supreme Court reversed, finding a Confrontation Clause violation, and the prosecution appealed.
Whether the preliminary-hearing testimony of a witness who becomes unavailable for trial is admissible against a criminal defendant at trial.