August 14, 2005

WA: swear to tell the woof...

The state Court of Appeals, Division I (the one Seattle's in, not the one that Trevor and I are in) has upheld a poor sot's conviction by turning back a hearsay challenge to the out-of-court 'statement' of a non-human, that is, canine, declarant:

(Keodara)'s challenge to the conviction arises from a police officer's testimony about what a tracking dog's actions 'told' him. However, that testimony did not violate Keodara's right of confrontation because the officer was not relaying a declarant's testimonial statements.

Caveat: DO NOT CITE.

Link via Have Opinion, Will Travel (and nice to see that the judge has returned to blogging, too).

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