Objective reasonable person test is standard for determining whether statement is testimonial hearsay
EVIDENCE United States v. Summers, No. 04-2121, ___ F.3d ___ (10th Cir. Jul. 21, 2005)(New Mexico). Appeal of convictions for bank robbery, aiding and abetting, and conspiracy in violation of 18 U.S.C. §§ 2113(a), 2, and 371. HELD: Co-defendant’s question to police upon arrest to effect of “How did you guys find us so fast?” was testimonial hearsay under Crawford v. Washington, 541 U.S. 36 (2004). Therefore, it was not subject to present sense impression exception to hearsay rule. Statement is testimonial hearsay under Crawford if reasonable person in declarant’s position would objectively foresee that statement might be used in investigation or prosecution of crime. Read the opinion here. |
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