Admission of Preliminary Hearing Transcript at Trial Did Not Violate the Confrontation Clause

Mantz was charged with aggravated assault by intentionally firing a handgun near the head of Karl Hoidal and by verbally threatening him. "Hoidal testified at the preliminary hearing; however, prior to trial Hoidal died in an unrelated accident." The trial court permitted the audio recording of Hoidal's testimony be played to the jury at trial over a confrontation clause objection. Mantz was found guilty by the jury and appealed.


The COA affirmed the conviction finding no confrontation clause violation, holding that "preliminary hearing testimony is admissible as long as the defendant had an adequate opportunity to cross-examine which is determined on a case-by-case basis."

The COA then found that the opportunity to cross-examination was adequate noting that
"[d]efense counsel questioned Hoidal as to the accuracy of his story, underage drinking, desire for an adventure, ability to recall the events of the evening due to alcohol consumption, and motive due to the pressure he was under from his parents and the DUI." Further, "Mantz had approximately two months in which to prepare for his cross-examination of Hoidal. Thus, Mantz was represented by counsel who engaged Hoidal in full and effective cross-examination as to his truthfulness, bias, memory, and motive."

Further, the COA found that Mantz was not significantly limited in his cross-examination. In particular, defense counsel was allowed unrestricted time to cross-examine. And there was no proffer at the trial of "any new and significantly material line of cross-examination that would have been developed at trial that was not touched upon in the prior cross-examination."

State v. Mantz, http://www.isc.idaho.gov/opinions/mantz%20opinion.pdf

This is another example of why it is important to make a record below. Since the COA adopted a case-by-case approach, the particular facts which make the opportunity to cross-examine inadequate in your case must be established. So, be sure to complain about everything which restricts your cross-examination at the prelim and when the magistrate gives you the evil eye tell her that Mantz is making you do it.

In another aggravated assault case involving a pistol, the COA found the court correctly instructed the jury that the state had to prove the defendant 1) fired the pistol, 2) with the specific intent to threaten the victims. It was incorrect, however, to also give a definition of general intent which the jury could have read as saying that it need only find an intent to fire the pistol. No need to reverse the conviction though as the error was harmless.

State v. Hansen, http://www.isc.idaho.gov/opinions/hansen%20opinion.pdf