Does Rule Requiring Corroboration of ‘Hearsay’ Evidence Violate a Defendant’s Due Process Rights?
State of Ohio v. Christopher Swann, Case no. 2007-1046 10th District Court of Appeals (Franklin County) ISSUE: Is a criminal defendant’s due-process right to present a complete defense violated when a trial court refuses to allow the jury to consider “hearsay” evidence about a third party’s alleged statements that he committed the crime of which the defendant is accused, when exclusion of the hearsay evidence is based on the absence of corroborating circumstances that “clearly indicate the trustworthiness” of the third party’s statement? BACKGROUND: Ohio and other jurisdictions generally prohibit the introduction of “hearsay” evidence in criminal cases. The term hearsay refers to testimony by a witness about statements allegedly made by another person when: 1) the declarant (person who allegedly made the statement) is not available to be cross-examined regarding the accuracy or truthfulness of his alleged statement, and 2) the witness’ testimony is offered to assert the truth of the de
