California, United States of America
The following excerpt is from People v. Golson, A135377 (Cal. App. 2014):
Court held that admission of a 'testimonial' hearsay statement by a declarant who does not appear for cross-examination at trial violates the confrontation clause unless the witness is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the witness. [Citation.] This rule applies even if the statement is otherwise admissible under a hearsay exception. [Citation.] However, the confrontation clause does not bar admission of hearsay statements that are not testimonial. [Citation.]" (People v. Nelson (2010) 190 Cal.App.4th 1453, 1463.)
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