State v. Lewis

BRADY, Justice.

The dispositive issue before this Court is whether a victim’s responses to an investigating police officer’s questions, following an assault and robbery in the victim’s home and the victim’s subsequent identification of her attacker from a police photograph lineup constitute testimonial statements under Crawford v. Washington, 541 U.S. 36 (2004). A unanimous panel of the Court of Appeals concluded the statements were testimonial and, therefore, inadmissible at trial unless the victim was unavailable and defendant had a prior opportunity to cross-examine the victim. State v.…