State v. Haygood

I concur in the result reached in the majority opinion to reverse Haygood’s conviction and remand for a new trial. I would reverse and remand exclusively on the grounds that the court erred in distinguishing this case from Crawford, v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and subsequently failing to make a determination as to whether the victim’s statements were testimonial or nontestimonial. While I am aware that an appellate court may engage in a Crawford analysis1, I do not believe this court can perform such an analysis here given the summary of the testimony2…