Davis v. Washington, 126 S.

Ct 2266 (2006)

The victim called 9-1-1 to report that Davis was abusing her. Later Davis was arrested and charged with
felony violation of a domestic no-contact order. The victim did not show up to testify at the Davis’ trial.
The prosecutor introduced the 9-1-1 tapes over defense objection. Davis was convicted. Davis appealed,
the Washington Court of Appeals affirmed and the Supreme Court of Washington affirmed also.

This case was decided with Hammon v. Indiana. In Hammon, police responded to a report of a domestic
dispute and when they arrived on the scene they questioned the victim. She admitted to being abused
by her husband. She completed and signed a battery affidavit at the police’s direction. Hammon was
charged with battery and violating probation. The victim did not appear for trial. At trial, the police
officer who questioned the victim testified about Amy’s statement. The statements were admitted, over
defense objections, as excited utterances. Hammon was convicted. The Indiana Court of Appeals
affirmed. The Indiana Supreme court also affirmed.

The Supreme Court granted certiorari on both cases. The Court affirmed the judgment of the Supreme
Court of Washington and reversed the judgment of the Indiana Supreme Court. The Court held:
Statements are nontestimonial when made in the course of police interrogation under circumstances
objectively indicating that the primary purpose of the interrogation is to enable police assistance to
meet an ongoing emergency. They are testimonial when the circumstances objectively indicate that
there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or
prove past events potentially relevant to later criminal prosecution.”