Confrontation Flashcards
what does the 6th A Confrontation Clause require?
b. Any prior out-of-court testimonial statements by an unavailable declarant are inadmissible against CRIMINAL Δ,
unless Δ has had prior opportunity to x-exam declarant at the time of statement, absent forfeiture caused by Δ’s wrongful act intended to keep the witness from testifying
what is a testimonial vs nontestimonial statement
i. Testimonial statement: Solicited by the state for the primary purpose of statement during police interrogation was to prove past events potentially relevant to later criminal prosecution
ii. Non-testimonial statement: Primary purpose of statement during police interrogation was to aid police during ongoing emergency
However, the emergency can abate during the call, turning the statement testimonial
