Date Case was Decided: September 4, 2009
Court Rendering the Decision: Supreme Court of Utah
Background: Travis Timmerman was charged with attempted rape, forcible sexual abuse, and assault. At the first hearing, the victim, Mrs. Timmerman, cited her spousal privilege not to testify against her husband. The State then presented Mrs. Timmerman’s statements made previously to the police and to a sexual assault nurse. Because of these statements, the magistrate bound Mr. Timmerman over for trial, Mr. Timmerman then filed a motion to void this stating that his confrontation rights under the federal and state constitutions were violated because he was unable to cross-examine Mrs. Timmerman