What is the test for determining whether a statement is a testimonial so as to implicate the constitutional right of confrontation?
California, United States of America
The following excerpt is from People v. Lawson, D064376 (Cal. App. 2014):
On appeal, we independently review whether a statement was testimonial so as to implicate the constitutional right of confrontation. (People v. Johnson (2007) 150 Cal.App.4th 1467, 1478.) We evaluate the primary purpose for which the statement was given and taken under an objective standard, "considering all the circumstances that might reasonably bear on the intent of the participants in the conversation." (Cage, supra, 40 Cal.4th at p. 984.)
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