California, United States of America
The following excerpt is from People v. Alvarez, F072516 (Cal. App. 2018):
4. "Hearsay is an out-of-court statement that is offered for the truth of the matter asserted, and is generally inadmissible." (People v. McCurdy (2014) 59 Cal.4th 1063, 1108, citing Evid. Code, 1200.)
5. The right of confrontation, as guaranteed by the Sixth Amendment to the federal Constitution and made applicable to the states through the Fourteenth Amendment, ensures the opportunity for cross-examination of adverse witnesses. (People v. Fletcher (1996) 13 Cal.4th 451, 455.) In Crawford, the United States Supreme Court held that the confrontation clause bars the admission of testimonial hearsay unless the declarant is unavailable and the defendant had a previous opportunity for cross-examination. (541 U.S. at p. 59.)
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