State v. Eighth Judicial District Court

Defendant in this case had “an adequate opportunity” (see Chavez v. State, 213 P.3d 476, 482 (Nev. 2009)) to cross-examine a witness when, immediately after the State’s direct examination at the preliminary hearing, Defendant waived his right to continue the preliminary hearing.Jeffrey Baker was charged with sexually motivated coercion and eight counts of lewdness with a child under the age of fourteen. At the preliminary hearing, C.J. testified regarding two instances in which Baker attempted to engage her in sexual activity. When C.J. finished testifying, Defendant waived his right to continue the preliminary hearing and plead guilty to one count of attempted lewdness with a minor. The court rejected Baker’s plea. C.J. subsequently committed suicide. The State moved to admit at trial the transcript of C.J.’s testimony at the preliminary hearing. The district court denied the motion on the grounds that Baker did not have an adequate opportunity cross-examine C.J. at the preliminary hearing. The Supreme Court reversed, holding that the Confrontation Clause guarantees an opportunity to cross-examine and does not give defendants a sword to strike adverse testimony that the defendant chose not to contest. View "State v. Eighth Judicial District Court" on Justia Law