arrest Antoine Baker. Dednam asks this court to apply Crawford retroactively and asserts that Otis's out-of-court statements to the police detective were admitted to establish the truth of the matter asserted therein, which was that Baker robbed Otis. He maintains that without Otis's statements, which provided the motive for the crime, the State's proof of Dednam's guilt consisted solely of the uncorroborated identification testimony of Stevenson and Jackson. He claims that the erroneous admission of this evidence could not be considered harmless, because the jury's consideration of Otis's statements describing the robbery by Baker influenced the jury's finding of Dednam's guilt for the capital murder.
This court has been constant and adamant that matters pertaining to the admissibility of evidence are left to the sound discretion of the circuitinterviewed him, showed a photo spread. He knew the initials of the suspect and the name and I showed a photo spread.
At that time, defense counsel objected on the grounds that anything Otis said to Detective Keel constituted hearsay and violated Dednam's Sixth Amendment right to confront and cross-examine a witness against him, as well as his due-process rights under both the United States and Arkansas Constitutions. The State responded that it was not offering Detective Keel's testimony as evidence that Baker did in fact commit aggravated robbery or for the truth of the matter asserted but, instead, was offering it to show that Otis made the statements, true or not true, and that as a result, Baker was arrested and charged. The circuit court overruled Dednam's objection.
Later