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United States v. Rouse

United States Court of Appeals for the Eighth Circuit

111 F.3d 561 (1997)

Relevant factsFree

Two uncles, including Rouse (defendant), were prosecuted for sexually abusing their three nieces, ages five, six, and nine. Before trial, a therapist testified the children feared their uncles and could be traumatized by testifying in open court, and once trial began, the judge observed the children were visibly fearful and ordered their testimony be given by closed-circuit television. The jury convicted Rouse, and he appealed, arguing this violated his Sixth Amendment confrontation right, wasn't supported by expert opinion, and denied his lawyer the ability to see the jury during cross-examination.

IssueFree

Whether a child witness can testify out of court for the child's own protection without violating a criminal defendant's right to confrontation.

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