Danner v. Kentucky

Background

A man, James Danner, was tried and convicted in Kentucky for raping and sodomizing his daughter, who is now 15 years old. At trial the daughter said she “just can’t” be near him and could not explain why; the judge allowed her to testify using electronic equipment rather than face‑to‑face. The Kentucky Supreme Court affirmed the conviction, and the U.S. Supreme Court denied review of that decision.

Reasoning

The central question is whether excluding the defendant from face‑to‑face confrontation with his accuser undermines his right to challenge witnesses. Justice Scalia, joined by Justice Thomas in a dissent, said the trial court’s findings were vague and that the lower courts never properly addressed the defendant’s confrontation right. Scalia pointed to an earlier case, Maryland v. Craig, which allows remote testimony for young child witnesses when testifying in the defendant’s presence would cause trauma that impairs communication. He said Craig was wrongly decided and that this case does not fit Craig’s limited exception, given the witness’s age and uncertain inability to testify in the defendant’s presence.

Real world impact

Because the Supreme Court denied review, the Kentucky court’s ruling and the conviction remain in place. The denial leaves intact the use of remote testimony under the Craig framework in this case, even though a Justice objected and urged review to narrow that exception. The outcome means that, for now, similar procedures in state courts may continue unless addressed in a later, different case.

Dissents or concurrances

Scalia’s dissent explains why he would have taken the case to reconsider and sharply narrow the exception that permits remote testimony for child witnesses. He warned that allowing broad exceptions weakens the right to confront accusers.