Confrontation Clause violation may be harmless if government’s other evidence is strong and trial judge issues curative instruction to jury

CONFRONTATION CLAUSE United States v. Chavez, No. 05-2209, ___ F.3d ___ (10th Cir. Apr. 4, 2007)(New Mexico). Appeal of district court’s denial of defendant’s motion for mistrial in prosecution for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. HELD: District court did not abuse its discretion in denying defendant’s motion for mistrial based on Confrontation Clause violation resulting from improper admission of hearsay evidence. Confrontation Clause violation was harmless where hearsay evidence admitted at trial: (1) was not central to government’s case; (2) was merely cumulative; (3) was immediately addressed by curative instruction to jury; and (4) government’s case was strong based on other evidence. Read the opinion here.