How have courts interpreted the confrontation clause when an expert recites statements from a witness?

California, United States of America


The following excerpt is from People v. Zavala, H036028 (Cal. App. 2013):

12. In People v. Goldstein (2005) 843 N.E.2d 727, New York's high court concluded that statements made to a forensic psychiatrist, whom the People retained to testify at trial, were testimonial hearsay offered for their truth. (Id. at pp. 729, 733.) The court concluded that the defendant's rights under the confrontation clause were violated when the expert recounted the interviewees' statements without giving the defendant an opportunity to cross-examine them. (Id. at pp. 732-734.)

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