Mr. Blanton was convicted of four counts of sexual battery and 13 counts of procuring a
sexual performance of a child. The victim was his 11-year-old adopted daughter. The trial
judge allowed the state to use as evidence an audiotape of the child being interviewed by
a detective. Mr. Blanton argued on appeal to the Fifth District Court of Appeal that his
Sixth Amendment right to confront his accuser was violated. He also cited a recent
decision by the U.S. Supreme Court concerning when "testimonial" hearsay is admissible
in criminal trials. The 5th DCA rejected his appeal and he appealed that decision to this
Court.