What is the test for admitting "testimonial" evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Cabrera, H044409 (Cal. App. 2019):

"The Sixth Amendment's Confrontation Clause provides that, '[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.' " (Crawford v. Washington (2004) 541 U.S. 36, 42.) In Crawford, the United States Supreme Court held that the admission of " 'testimonial' " hearsay violates

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