California, United States of America
The following excerpt is from People v. Diaz, F063116 (Cal. App. 2013):
"[T]he Sixth Amendment to the federal Constitution gives a criminal defendant the right to confront and cross-examine adverse witnesses." (People v. Lopez (2012) 55 Cal.4th 569, 576 (Lopez).) In Crawford v. Washington (2004) 541 U.S. 36, "the court created a general rule that the prosecution may not rely on 'testimonial' out-of-court statements unless the witness is unavailable to testify and the defendant had a prior opportunity for cross-examination." (Lopez, supra, at p. 576.)
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