State v. Washington

In State v. Washington, this Court found admission of testimony under the residual hearsay exception violated defendant's Sixth Amendment right of confrontation, because the trial court failed to make particularized findings that the statements possessed circumstantial guarantees of trustworthiness. 131 N.C. App. 156, 164, 506 S.E.2d 283, 288 (1998), disc. review denied, 350 N.C. 105, 533 S.E.2d 477 (1999). Nevertheless, we held "the trial court's error could not have prejudiced defendant," because this testimony was "almost entirely repetitive of the testimony of [other witnesses], all of which was properly admitted. For this reason, the admission of the testimony . . ., though error, was harmless beyond a reasonable doubt." Id.;