Examining the Repercussions of Crawford: The Uncertain Future of Hearsay Evidence in Missouri

While making a course correction in Confrontation Clause jurisprudence, the United States Supreme Court leaves much uncertainty in its wake. Some hearsay evidence previously admissible under a "firmly rooted hearsay exception" or because it possessed "particularized guarantees of trustworthiness" will no longer be allowed under the Court's new standard. However, the Court's failure to define its key terms leaves practitioners in desparate need of further clarification. This Note is intended to assist Missouri practitioners in understanding the Supreme court's new Confrontation Clause standard as stated in Crawford v. Washington and provide practical guidance for its application.

The Note identifies Missouri's existing hearsay exceptions that are likely to suffer the greatest impact under Crawford and outlines a framework for determining whether a given statement violates the defendant's constitution right of confrontation.