If a statement is deemed to be testimonial, what is the standard of review?
California, United States of America
The following excerpt is from People v. Hinton, B253708 (Cal. App. 2015):
If the statement is determined to be testimonial, we apply the de novo or independent standard of review to claims that implicate a defendant's constitutional right to confrontation. (People v. Sweeney (2009) 175 Cal.App.4th 210, 221; see also People v. Bunyard (2009) 45 Cal.4th 836, 850.)
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