What is the test for making an out-of-court testimonial statement?
California, United States of America
The following excerpt is from People v. Smith, F072958 (Cal. App. 2017):
"[T]estimonial out-of-court statements have two critical components. First, to be testimonial the statement must be made with some degree of formality or solemnity. Second, the statement is testimonial only if its primary purpose pertains in some fashion to a criminal prosecution." (People v. Dungo (2012) 55 Cal.4th 608, 619.)
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