5-4-09 State v. Terry W. Coder (A-28-08)
In defendant’s criminal trial on charges of sexual assault on a
minor, the out-of-court statements by the victim – a three-year-
old child – as testified to by her mother, were properly
admitted because the statements were relevant and admissible
under the tender years exception to the hearsay rule.
Additionally, because the child’s statements were not
testimonial, they did not implicate the defendant’s
Confrontation Clause rights.