California, United States of America
The following excerpt is from People v. Martinez, 19 Cal.App.5th 853, 228 Cal.Rptr.3d 271 (Cal. App. 2018):
Under the Sixth Amendment's Confrontation Clause, a criminal defendant has the right to confront witnesses testifying against him/her. This right is not limited to in-court testimony. ( Crawford v. Washington (2004) 541 U.S. 36, 42, 50-51, 124 S.Ct. 1354, 158 L.Ed.2d 177.) If an accuser makes a formal out-of-court statement to a government officer, then the defendant's right to confront the accuser is triggered; the out-of-court "testimony" cannot be introduced via hearsay because the defendant has the right to confront the accuser. ( Id. at p. 51, 124 S.Ct. 1354.) Out-of-court testimonial statements include " affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially. " ( Ibid. )
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