State of North Dakota, Plaintiff and Appellee v. James Alfred Blue, Defendant and Appellant

Summary

The North Dakota Supreme Court reversed James Blue’s conviction, holding that the videotaped interview of the four‑year‑old child was a testimonial statement whose admission violated the Sixth Amendment Confrontation Clause, that the trial court erred in finding the child unavailable and in relying on reliability factors, and that the error was not harmless beyond a reasonable doubt.