Question
The key to the admissibility of testimonial hearsay is the opportunity the defendant has to cross-examine the person who made the statement. If that occurs
The key to the admissibility of testimonial hearsay is the opportunity the defendant has to cross-examine the person who made the statement. If that occurs at the criminal trial, presumably the Confrontation Clause has been satisfied under Crawford. What if the person making the statement is not available at the criminal trial, but was subjected to cross-examination by the defendant at a preliminary hearing? Does that satisfy Crawford? How did the Illinois Supreme Court handle this issue in people v. Torres, 962 N.E.2d 919(Ill. 2012)? what did the court see as the problem?
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