On Point blog, page 2 of 2
Confrontation – Hearsay: Necessity of Showing Declarant’s Unavailability
State v. Daniel D. King, 2005WI App 224
For King: Scott D. Obernberger
Issue/Holding: The confrontation clause requires that the hearsay declarant be unavailable to testify at trial “and, critically, that the State make a ‘good-faith effort’ to produce the declarant at trial,” ¶6. The trial court erred in determining that the declarant was truly unavailable:
¶16 First, the State conceded that its process-server had Shelia J.’s wrong address for seven of the attempts at service.