Facts:  Petitioner James Ohlson was convicted of two counts of second degree assault in the Superior Court for Kitsap County after a trial in which one victim testified and the out of court statement of the other victim was admitted into evidence in lieu of their testimony.  Ohlson appealed his conviction, asserting that the admission of the out of court statement infringed his right under the 6^th Amendment to the United States Constitution to be confronted with the witnesses against him.  The Washington Court of Appeals affirmed Ohlson’s conviction, holding that the out of court statement, which was made to a police officer arriving at the scene shortly after the assault, was an excited utterance and therefore non-testimonial in nature.  Ohlson appealed this decision to the Supreme Court of Washington.

Question(s):  Did the trial court infringe Ohlson’s right to be confronted with the witnesses against him by admitting the victim’s out of court statement into evidence?

Conclusion:   Justice Chambers’ opinion for the Court affirmed the Washington Court of Appeals, concluding that although excited utterances are not necessarily non-testimonial in nature, the victim’s out of court statement, which was made to enable police assistance to meet an ongoing emergency, was non-testimonial and properly admitted.

Docket No. 78238-5 (from Court of Appeals Division II Case No. 32112-2)

Petitioner: James Ohlson

(Counsel: Michelle Bacon Adams)

Respondent: State of Washington

(Counsel: Randall Avery Sutton and Jeremy Aaron Morris)

Argument: Thursday, January 11, 2007 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, October 18th, 2007

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson