Ohio v. Clark and Confrontation Clause Concerns

(316 Ratings)

Produced on: September 04, 2015

Course Format On Demand Audio

Taught by


Course Description

Time 60 minutes
Difficulty Intermediate

In Ohio v. Roberts, 448 U. S. 56, 66 (1980), the Supreme Court of the United States interpreted the Confrontation Clause to permit the admission of out-of-court statements by an unavailable witness, so long as the statements bore “adequate ‘indicia of reliability.’” Such indicia are present if “the evidence falls within a firmly rooted hearsay exception” or bears “particularized guarantees of trustworthiness.” In Crawford v. Washington, 541 U. S. 36 (2004), the Supreme Court of the United States adopted a different approach: the Sixth Amendment prohibits the introduction of testimonial statements by a non-testifying witness, unless the witness is “unavailable to testify, and the defendant had had a prior opportunity for cross-examination.”  


In this course, Cory H. Morris, a Long Island-based civil rights and criminal defense attorney, discusses the law surrounding the Ohio v. Clark decision, the nuances of having a young declarant, a questioner who is not a law enforcement officer, and the open questions we are left with now.  


Learning Objectives:

I.     Understand the facts and background of Ohio v. Clark 

II.    Discuss Ohio v. Roberts, 448 U. S. 56 (1980) and Crawford v. Washington, 541 U. S. 36 (2004)

III.   Recognize the landscape post- Crawford v. Washington and Ohio v. Clark

IV.   Identify open issues in child testimony


Cory Morris

The Law Offices of Cory Morris

Cory Morris is admitted to practice in New York State, the Florida State Bar, the Eastern District of New York and the Southern District of New York. Mr. Morris is an advocate for equality, civil rights and social justice. In recognition of this, Mr. Morris became the recipient of an Equality Award at the Suffolk County New York Civil Liberties Union 50th Anniversary Gala and the New York State Bar Empire Justice Award for Pro Bono work. He is focused on working with people who are charged with a crime, substance abuse issues and helping people vindicate their constitutional rights.


Cory Morris currently maintains a practice in Suffolk County, New York. He is the current Secretary of the Suffolk County Bar Association Academy of Law, is the co-chair of the Suffolk County Bar Association's Newly Admitted Attorneys Section and regularly publishes articles in the Suffolk Lawyer as well as other journals and newsletters. Mr. Morris is part of the Assigned Counsel Defender Plan of Suffolk County and serves as an adjunct professor at Adelphi University, teaching courses such as Negotiations, Business Law and Psychology and the Law. 


Mr. Morris attended college on Long Island, starting at Nassau Community College, obtaining his Bachelor’s Degree in Criminal Justice from Adelphi University and his Master’s Degree from Adelphi’s Derner Institute of Advanced Psychological Studies. While pursuing his graduate degree, his concentration was on forensic psychology, substance abuse, and impulsive disorders. He obtained an assistantship with Dr. Larry Josephs, was published in the Encyclopedia of the History of Psychological Theories and contributed to Adelphi’s scholarship, working with a doctoral student and post-doctoral professor in developing his thesis entitled “Impulsivity in the form of Suicidality in Borderline Personality Disorder.” Mr. Morris graduated Touro College at the top of his class, was a Dean’s List recipient and received both the David A. Berg Public Interest Fellowship and the Howard Glickstein Public Interest Fellowship. He is also the recipient of the Brian Lord Memorial Award for his demonstrated commitment to public interest.


Mr. Morris regularly does pro bono work and volunteers with the New York Civil Liberties Union, Nassau County Bar Association, Suffolk County Bar Association and other non-profit organizations dedicated to helping the community. He also serves as a Advisory Board Member for Nassau Suffolk Law Services, one of the largest providers of free civil legal assistance in New York.



cassidy m.

interesting analysis

G Q Buck V.

interesting and informative

Leslie C.

Informative and interesting. Thanks.

Lee H.

Presentation was excellent discussion of the 6th Amendment and case interpreting same!! As a suggestion, the subject matter was a little too narrow, too repetitive until the final 10 minutes with discussion of due process!!! My thought is to include more discussion of exceptions to hearsay rules under the FRE and maybe include discussion of cases involving 911 calls which relate to the 6th Amendment issues!!!

David W.

Good seminar. Very important. Highly recommend!

Timothy C.

Outstanding presentation!

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