State v. Rodriguez

¶ 21. 0concurring). Although I agree with the Majority's decision to affirm, I would not reach the forfeiture issue because, as explained in State v. Rodriguez, 2006 WI App 163, 295 Wis. 2d 801, 722 N.W.2d 136, none of the statements were "testimonial" as that word of art is used in Crawford v. Washington, 541 U.S. 36 (2004). Rodriguez, 2006 WI App 163, ¶¶ 2-27, 295 Wis. 2d at 808-825, 722 N.W.2d at 140-148. State v. Jensen, 2007 WI 26, 299 Wis. 2d 267, 727 N.W.2d 518, did not alter this analysis.

Jensen explained:

*143"The proper inquiry, then, is whether the declarant intends to bear testimony…