Monday, December 13, 2004


out-of-court statements by witnesses that are testimonial are barred, under the Confrontation Clause, unless witnesses are unavailable and defendants had prior opportunity to cross-examine witnesses, regardless of whether such statements are deemed reliable by court, abrogating Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597
So that means so long as D had an opportunity to cross-examine declarant, the prior testimony is admissible without a ruling on its reliability?

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