In the Interest of: N.C.

The issue this case presented for the Supreme Court's review was whether the Superior Court erred in holding the right of a juvenile accused to be confronted with a witness against him conferred by the Confrontation Clause of the Sixth Amendment to the United States Constitution was violated where the juvenile court admitted into evidence an out-of-court, video-taped, forensic interview of a child complainant under the Tender Years Hearsay Act (“TYHA”), even though defense counsel did not cross-examine the child complainant who had taken the witness stand at the juvenile’s contested adjudication hearing. In light of the unique circumstances of this case (wherein the Commonwealth conceded continued questioning of the unconversable child complainant on direct examination would have been futile, and the juvenile court suggested she be removed from the witness stand), the Supreme Court held the admission of the recorded forensic interview of the child complainant violated the juvenile accused’s right to confrontation under the Sixth Amendment. Accordingly, the Court affirmed. View "In the Interest of: N.C." on Justia Law