[DOWNLOAD] "Brown v. Keane" by 2003 United States Court of Appeals for the Second Circuit August Term # Book PDF Kindle ePub Free

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eBook details

• Title: Brown v. Keane
• Author : 2003 United States Court of Appeals for the Second Circuit August Term
• Release Date : January 08, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Petitioner Troy Brown appeals from the judgment of the United States District Court for the Southern District of New York (Kaplan, J.) denying his petition for a writ of habeas corpus to overturn his New York State conviction for attempted aggravated assault on a police officer, which resulted in an indeterminate prison term of seven to fourteen years. The petition alleges that Browns rights under the Confrontation Clause of the United States Constitution were violated by the receipt in evidence at his trial of hearsay consisting of a tape recording of an anonymous 911 emergency telephone call. The anonymous callers report, which Brown was, of course, unable to cross-examine, was incriminating, as the caller told the police that someone whose description matched Brown was firing a gun. The People contend that the receipt of this hearsay evidence was consistent with the standards of the Confrontation Clause because (i) it consisted of a contemporaneous report of the callers sensory perceptions and thus came within a firmly rooted exception to the hearsay rule for reports of a present sense impression; and (ii) it carried substantial guarantees of trustworthiness, so that the absence of opportunity for Brown to cross-examine the caller did not significantly impair the reliability of the report. We conclude that this recorded telephone report did not fall within any recognized exception to the hearsay rule, much less a firmly rooted exception, and the circumstances in which the statement was made did not furnish any substantial assurance of trustworthiness. The People failed to demonstrate that the callers incriminating report that Brown was shooting was based on any sensory observation; to the contrary, as Judge Kaplan pointed out, it appears to have been based on conjecture. We conclude that its admission violated Browns constitutional right to confront his accusers by cross-examination. Because of the prominence given to the tape by the prosecutor in her summation and by the trial judge in the charge, we cannot say its admission had no substantial effect on the jurys verdict. We therefore remand to the district court for the entry of an order granting the writ.

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