The People v. Shepard CA2/1

DISCUSSION

1. Shepard Did Not Suffer a Prejudicial Violation of His Constitutional Right to Confrontation Requiring Reversal of the Judgment on Count 1 “The Sixth Amendment’s Confrontation Clause provides that, ‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.’” (Crawford v. Washington (2004) 541 U.S. 36, 42.) “[T]his provision bars ‘admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross- examination.’” (Davis v. Washington (2006) 547 U.S. 813, 821.) “Only [testimonial] statements . . . cause the declarant to be a ‘witness’ within the meaning of the Confrontation Clause. [Citation.] It is the testimonial character of the statement that separates it from other hearsay that, while subject to traditional limitations upon hearsay evidence, is not subject to the Confrontation Clause.” (Ibid.) “Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet…