United States v. Owens

A victim attacked with a metal pipe lost his memory but had earlier told the FBI he could identify his assailant, doing so from a photograph. At trial he testified he clearly remembered making that identification, but on cross-examination admitted he could not remember seeing the assailant, and defense counsel could not refresh his memory even with hospital records. The defendant was convicted, and the court of appeals reversed based on the Confrontation Clause.

Whether admission of a witness's prior identification, when the witness cannot recall the basis for it due to memory loss, violates the Confrontation Clause or the hearsay rule against admitting unavailable-declarant statements.