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Confrontation – Hearsay: General Test for Admissibility

State v. Glenn H. Hale, 2005 WI 7, affirming, as modified, 2003 WI App 238
For Hale: Steven D. Phillips, SPD, Madison Appellate


¶53. A threshold question for applying the Crawford framework is whether the State is proffering “testimonial” hearsay evidence. …¶54. Because Sullivan’s hearsay evidence was “testimonial” in nature, we turn next to the requirements of the Confrontation Clause as interpreted by Crawford: (1) unavailability of the declarant and (2) a prior opportunity for cross-examination. Id. at 1374. …

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