Does a criminalist have to confront a witness under the confrontation clause?
California, United States of America
The following excerpt is from People v. Moreno, E065838 (Cal. App. 2018):
The question here is whether the criminalist relayed testimonial statements from his fellow crime lab worker in violation of the confrontation clause. "To be considered testimonial, the out-of-court statement (1) must have been made with some degree of formality or solemnity and (2) must have a primary purpose that pertains in some fashion to a criminal prosecution." (People v. Barba (2013) 215 Cal.App.4th 712, 720-721
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