Pointer v. Texas

13 L. Ed. 2d 923 · Supreme Court of the United States · 1965

Facts

Petitioner Pointer was charged with robbery. At a preliminary hearing, the key witness, Phillips, testified and identified Pointer, but Pointer was unrepresented by counsel and did not cross-examine Phillips. When Phillips moved out of state before trial, the prosecution introduced the transcript of his preliminary hearing testimony, over Pointer's objection that it denied his right to confrontation.

Issue

Does the Sixth Amendment's guarantee of a defendant's right to confront witnesses, including the right to cross-examine, apply to the states through the Fourteenth Amendment, thereby prohibiting the use of preliminary hearing testimony where the defendant lacked counsel and opportunity for cross-examination?

Holding

Yes, the Sixth Amendment's right of an accused to confront witnesses is a fundamental right made obligatory on the States by the Fourteenth Amendment. The use of the preliminary hearing transcript, where Pointer lacked counsel and adequate opportunity to cross-examine, violated this right, and his conviction was reversed.

Rule

The Sixth Amendment's right to confrontation, which includes the right to cross-examine witnesses, is a fundamental right applicable to the states via the Fourteenth Amendment. Introducing prior testimony from a preliminary hearing where the defendant lacked counsel and a full opportunity for cross-examination violates this right.

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Case brief last reviewed 2026-01-16. Prepared by CaseReader from the published opinion.