Anthony Sims, Jr. v. New Jersey
CriminalProcedure JusticiabilityDoctri
Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause?
QUESTION PRESENTED The Confrontation Clause bars testimonial hearsay when the defendant has not had the opportunity for cross-examination. At Mr. Sims’ trial for attempted murder, in lieu of live testimony from the victim, who was the sole eyewitness to the shooting, the government relied on the victim’s hearsay statements from a hospital bed; these statements were embedded in the transcript of a pre-trial hearing introduced at trial. At the pre-trial hearing, the victim denied any recollection of incriminating Mr. Sims, so defense counsel was unable to cross-examine the victim on the substance of the prior statement. Was the opportunity for cross-examination at the pretrial hearing adequate under the Confrontation Clause? i .