Ex parte K.L.H. (In re K.D.H. v. State of Alabama)

Summary

The Supreme Court of Alabama denied a petition for a writ of certiorari in a criminal case involving the admission of hearsay statements by a child victim under Alabama's child-hearsay statute. In dissent, Justice Johnstone argued that the trial court failed to establish the child's unavailability and make required trustworthiness findings, and that the Court of Criminal Appeals improperly treated those statutory violations as harmless and supplied findings that were the trial court's responsibility.

Holdings

1. The Supreme Court of Alabama denied the petition for a writ of certiorari.

Questions Presented

1. Whether the Alabama Court of Criminal Appeals could treat violations of the Child Physical and Sexual Abuse Victim Protection Act concerning proof of unavailability and judicial findings of trustworthiness as harmless or technical noncompliance.
2. Whether the Court of Criminal Appeals could supply fact-findings that the trial court was required to make before admitting the child's hearsay statements.
3. Whether the defendant's motion for a judgment of acquittal was properly denied based on evidence supplied only after the State had rested.

Disposition

writ_denied