Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder and aggravated battery conviction on ground that trial court violated his 6th Amendment/Confrontation Clause rights by admitting into evidence testimony of surviving victim’s aunt, who stated that said victim identified defendant as culprit shortly after victim had been shot and was awaiting ambulance. Ct., though, found no Confrontation Clause violation under Crawford, 541 US 36, since victim’s hearsay statement was not “testimonial” in nature because it was made as part of effort to deal with ongoing emergency. Moreover, Ct. noted that there has been no Supreme Court case resolving issue as to whether statements made to people who are not law enforcement officers could be testimonial in nature.
Federal 7th Circuit Court
Criminal Court
Evidence