US v. Carter, No. 16-50271 (11-2-18)(Bybee w/Gould & Hernandez).

The 9th reverses convictions for sex trafficking and transportation of a minor for a Confrontation Clause violation. The now adult victim witness testified via two-way video because she was seven months pregnant and her physician advised her not to travel. The 9th makes clear that a defendant’s right to confront an adverse witness, child or adult, “cannot be compromised by permitting the witness to testify (whether one-way or two-way) unless Craig’s standard is satisfied.” (11-12). The findings must be case specific and individualized, focused on the trauma for the witness, or circumstances, and there must be no other alternatives to the video. It is a high standard. The test was not met here because the trial could have continued the case. The opinion stresses the importance of face to face confrontation and the constitutional rights of the defendant. This case contains good language for opposing.

Congrats to Ben Coleman on the CJA panel.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/11/02/16-50271.pdf