Does the confrontation clause apply to evidence that was presented at trial?

California, United States of America


The following excerpt is from People v. Luevanos, B270781 (Cal. App. 2017):

6. Respondent argues appellants forfeited this issue by failing to object on confrontation clause grounds in the trial court. Any objection would likely have been futile because the trial court was bound to follow pre-Sanchez decisions holding expert "basis" evidence does not violate the confrontation clause. (See, e.g., People v. Hill (2011) 191 Cal.App.4th 1104, 1128-1131.) We will therefore address the merits of this claim.

7. During trial, the detective informed the district attorney for the first time that the interviews with the victims and the third suspect had been tape-recorded. The district attorney immediately gave those recordings to defense counsel.

8. People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

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