Under Crawford v. Washington, ((2004) 541 US 36), out of court statements by witnesses that are testimonial are barred under the Confrontation Clause of the Sixth Amendment, unless witnesses are unavailable and the defendant had prior opportunity to cross-examine witnesses. (Id. at 54). “Testimonial” statements are those that are made in circumstances that reasonably suggest … Continue reading Right to Confront and Cross-Examine Witnesses in Domestic Violence Cases – Contesting the Forfeiture by Wrongdoing Exception