People v. Stechly

I agree with the plurality’s conclusion that the child’s statement to her mother was admissible. I also agree with the conclusion that the child’s statements to Grote and Yates were “testimonial” under the Crawford/Davis framework.

I dissent because I believe that the plurality wrongly holds that the child’s statements to Grote and Yates amounted to reversible error and were not harmless in light of the overwhelming evidence against defendant that was properly admitted. I also disagree with the plurality’s analysis of the forfeiture-by-wrongdoing issue. I believe it should have been…