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FOWLER v. STATE

No. 49S02-0412-CR-509.

829 N.E.2d 459 (2005)

Aaron G. FOWLER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 16, 2005.

Attorney(s) appearing for the Case

Ann M. Sutton, Marion County Public Defender Agency, Timothy J. Burns, Indianapolis, for Appellant.

Steve Carter, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, for Appellee.

BOEHM, Justice.

Under the recent decision of the Supreme Court of the United States in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), a prior testimonial statement is admissible against the defendant in a criminal prosecution only if the person who makes the statement is available for cross-examination either before the trial or at the trial. We hold that a witness who takes the stand but refuses...

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