State v. Kronich

¶1 The Sixth Amendment to the United States Constitution provides every criminal defendant the right “to be confronted with the witnesses against him ... ,”1 Under this clause, “testimonial evidence may not be admitted at trial absent proof of the declarant’s unavailability and prior opportunity for cross-examination of the *897declarant by the accused.”2 The United States Supreme Court has yet to provide a comprehensive definition for “testimonial” evidence.3 However, the Court’s explicit acknowledgment that business records are not “testimonial” evidence provides a basis for concluding that…