Davis v. Washington

Case Date: 07/16/2025

On writ of certiorari to the Supreme Court of Washington; on writ of certiorari to the Supreme Court of Indiana; State v. Davis, 154 Wn.2d 291, 111 P.3d 844, 2005 Wash. LEXIS 462 (2005) Hammon v. State, 829 N.E.2d 444, 2005 Ind. LEXIS 541 (Ind., 2005) Subsequent history On remand at, Remanded by Hammon v. State, 2006 Ind. LEXIS 793 (Ind., Sept. 7, 2006) Argument Oral argument Holding A 911 phone call describing an "ongoing emergency" is not testimonial in nature, and thus may be admitted at trial even if the caller is not available without violating the Sixth Amendment's Confrontation Clause. Court membership Chief Justice John G. Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Case opinions Majority Scalia, joined by Stevens, Kennedy, Souter, Ginsburg, Breyer, Roberts, Alito Concur/dissent Thomas Laws applied Crawford v. Washington, Sixth Amendment Confrontation Clause. Davis v. Washington, 547 U.S. 813 (2006), was a case decided by the Supreme Court of the United States holding that hearsay statements made in a 9-1-1 call asking for aid were not "testimonial" in nature and thus their introduction at trial did not violate the Confrontation Clause as defined in Crawford v. Washington.