Monday, August 15, 2005
Supervised Release Revocation Hearings -- No Crawford protections
The Sixth Circuit decided today, in United States v. Kirby, No. 04-6226 (6th Cir. August 15, 2005), (opinion available here), that the rule in Crawford v. Washington, 541 U.S. 36 (2004), (right to confrontation) was not violated when a probation officer testified to out-of-court statements made by police officers and others familiar with Kirby's case. The 6th Circuit joins the 2nd and 8th Circuits in so holding. With respect to hearsay testimony at supervised release revocation hearings, the touchstone remains "reliability." A district court can consider hearsay testimony where it has been "proven to be reliable." United States v. Stephenson, 928 F.2d 728, 732 (6th Cir. 1991).