§8.84 “Testimonial” Hearsay —Reach and Limits of the Crawford Doctrine
C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §8.84 (6th ed. Wolters Kluwer 2018)
10 Pages Posted: 2 Nov 2018
Date Written: November 1, 2018
This article addresses the definition and scope of “testimonial” hearsay under the Crawford doctrine. It discusses the four factors that are most likely to qualify an out-of-court statement as testimonial hearsay under the Sixth Amendment. In addition to discussing the facts and holding of Crawford, it discusses the subsequent cases interpreting that opinion.
Keywords: Crawford, Davis, testimonial hearsay, confrontation clause, right of confrontation,
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