What is a “Testimonial Statement” under Crawford v. Washington?

by Jamison Koehler on November 18, 2012

You know you are in trouble the moment the judge refers to “that Supreme Court case on confrontation.”  He adds: “Robinson I think it is called.”

The judge is a highly respected senior judge.   Although you realize he doesn’t do many criminal cases, you are still somewhat taken aback by his comment. Robinson?  Are you kidding me?

Standing there with your mouth open