State v. Kirkpatrick

*876¶1 The Sixth Amendment to the United States Constitution provides defendant the right “to be confronted with the witnesses against him . . . ,”1 Under this “Confrontation Clause,” testimonial evidence may not be admitted at trial absent proof of the declarant’s unavailability and prior opportunity for cross-examination of the declarant by the accused.2 Not all evidence is testimonial, of course, but the United States Supreme Court has not provided a comprehensive definition of “testimonial” in this context.3 However, the Court’s express recognition that business records are not “testimonial”…