United States v. Duenas
United States Court of Appeals for the Ninth Circuit
691 F.3d 1070 (9th Cir. 2012)
Police searching Ray and Lou Duenas's (defendants) home found drugs, guns, and drug ledgers; Officer Smith obtained a Miranda waiver and a statement from Ray admitting he traded methamphetamine for stolen goods. Ray unsuccessfully moved to suppress the statement, cross-examining Smith at the suppression hearing only about whether the statement was voluntary and Miranda-compliant. Smith was later killed in an accident and deemed unavailable at trial, where his suppression-hearing testimony was admitted; Ray was convicted and appealed, arguing his motive to cross-examine Smith at the hearing differed from his motive to cross-examine at trial.
Whether former testimony given at a hearing by a now-unavailable witness is admissible at trial when offered against a party who had an opportunity and similar motive to develop the testimony through direct, cross-, or redirect examination.