Frank G. Hawkins Missouri Cases

Frank G. Hawkins appealed his conviction for first-degree sodomy, arguing the trial court erred by admitting the child victim's out-of-court statements. Hawkins contended that the victim's non-verbal testimony did not satisfy statutory requirements and violated his Sixth Amendment right to confrontation. The Missouri Court of Appeals, Western District, affirmed the conviction, holding that non-verbal responses constitute testimony under section 491.075 and that a reluctant witness is not unavailable. The court also found no Confrontation Clause violation because Hawkins had an opportunity for effective cross-examination.