The ruling in a pair of cases from Washington and Indiana clarified a 2004 Supreme Court decision that testimony based on out-of-court statements cannot be used at trial unless the person who made them is available for cross-examination.
In the Washington case, a judge allowed the 911 tape of Michelle McCottry, who said her ex-boyfriend, Adrian Davis, was beating her. She was subpoenaed to testify at trial, but failed to appear and could not be located.
Davis was convicted for violating a restraining order and for assault and sentenced to 15 months in prison.
Justice Antonin Scalia ruled for the court majority that McCottry's statement can be used as evidence. He said a 911 call is ordinarily designed mainly to describe current circumstances requiring police help during an emergency.