Topic: admission of testimonial statements of a witness who did no… · Go Syfert
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Topic #58

9 canonical passages across 3 cases, quoted by 2,988 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Crawford v. Washington.

#Case FlagCanonical passage Citers
1 Crawford v. Washington Anchor
scotus · 2004
green “admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination.” 667
2 Crawford v. Washington
scotus · 2004
green “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” 567
3 Davis v. Washington
scotus · 2006
green “to establish or prove past events potentially relevant to later criminal prosecution.” 565
4 Crawford v. Washington
scotus · 2004
green “statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.” 474
5 Davis v. Washington
scotus · 2006
green “statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.” 359
6 Davis v. Washington
scotus · 2006
green “it is the testimonial character of the statement that separates it from other hearsay that, while subject to traditional limitations upon hearsay evidence, is not subject to the confrontation clause.” 119
7 Michigan v. Bryant
scotus · 2011
green “there may be other circumstances, aside from ongoing emergencies, when a statement is not procured with a primary purpose of creating an out-of-court substitute for trial testimony.” 110
8 Michigan v. Bryant
scotus · 2011
green “the relevant inquiry is not the subjective or actual purpose of the individuals involved in a particular encounter, but rather the purpose that reasonable participants would have had, as ascertained from the individuals' statements and actions and the circumstances in which the …” 76
9 Michigan v. Bryant
scotus · 2011
green “objectively evaluate the circumstances in which the encounter occurs and the statements and actions of the parties.” 51

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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