Whorton v. Bockting, 549 U.S. 406 (2007), was a United States Supreme Court case about the application of the Confrontation Clause and whether Crawford v. Washington (2006) applied retroactively.
Justice Samuel Alito, writing for a unanimous Court, ruled that Crawford did not apply retroactively.
The respondent, Marvin Howard Bockting, of Las Vegas, Nevada, was accused of sexual assault of his wife Laura's six-year-old daughter.
Finding that Autumn was too distressed to be sworn in, the State moved to allow Laura Bockting and the detective to recount the victim's statements to the jury.
The Ninth Circuit held that Crawford applied retroactively, and reversed the lower court decision.