Salt Lake City v. Williams

[ 32 The majority's analysis of Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) is both insightful and, I believe, largely correct.1 The majority correctly concludes that whether an out-of-court communication is "testimonial" depends on the cireumstances surrounding the communication. Up to that point, I join with the majority opinion. However, I part ways with the majority when, after acknowledging that the question is factual in nature, it decides whether the communication in this case is testimonial instead of remanding the question to the trial court for a…