Testimonial Evidence

The term testimonial evidence means testimony or statements of witnesses given under oath as to what said witness observed.

For purposes of a criminal defendant’s Confrontation Clause rights under the Sixth Amendment, “testimonial evidence includes at a minimum that which is given at preliminary examination, at a grand jury, former trial, and police interrogations. It does not include a casual remark to an acquaintance, business records, or statements made in furtherance of a conspiracy.”  Whittaker v. Lafler, 639 F. Supp. 2d 818, 826.

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