Confrontation Clauses protect the right of an accused, including a juvenile, to confront State’s witnesses face-to-face. Orders of the Supreme Court and circuit court, addressing procedure during COVID-19 pandemic, barred in-person appearances only as otherwise allowed by law. Those provisions require “witness-specific findings” on “an enhanced risk associated with COVID-19 [,]” to restrict the appearance of appellant to remote means. In appellant juvenile’s adjudication hearing, the circuit court made no such findings as to danger, and the risk of transmitting COVID-19 from the juvenile detention facility was not so great as to bar appellant’s trial counsel, after a visit to that facility, from a personal appearance in “the courtroom with the circuit judge, the circuit judge’s staff, [appellant]’s parents, the juvenile officer, a deputy juvenile officer, a victim services representative, and all the witnesses.” “Properly preserved confrontation clause violations are presumed prejudicial.” Judgment vacated and remanded.
In the Interest of: J.A.T., Appellant, vs. Jackson County Juvenile Office, Respondent.
(Overview Summary)
Supreme Court of Missouri – SC99251
If you’re interested in speaking with an attorney, call our office at 816-524-4949 or click here to schedule a consultation.