What is the test for determining whether a statement was testimonial so as to implicate the constitutional right of confrontation?

California, United States of America


The following excerpt is from People v. Calderon, F077272 (Cal. App. 2021):

purpose unrelated to preserving facts for later use at trial."].) "On appeal, we independently review whether a statement was testimonial so as to implicate the constitutional right of confrontation." (People v. Nelson (2010) 190 Cal.App.4th 1453, 1466.) "We evaluate the primary purpose for which the statement was given and taken under an objective standard, 'considering all the circumstances that might reasonably bear on the intent of the participants in the conversation.' [Citation.]" (Ibid.)

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