STATE v. WALKER

Nos. 54299-1-I, 54431-4-I.

118 P.3d 935 (2005)

STATE of Washington, Respondent, v. Michael Howard WALKER, Appellant. State of Washington, Respondent, v. Richard Lee Garrison, Appellant.

Court of Appeals of Washington, Division 1.

August 29, 2005.


Attorney(s) appearing for the Case

Dana M. Lind, Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant Michael Howard Walker.

Dana Cashman, King County Prosecutor's Office, Seattle, WA, for Respondent State of Washington.

Sarah M. Hrobsky, Gregory C. Link, Washington Appellate Project, Seattle, for Appellant Richard Lee Garrison.

Carla B. Carlstrom, King County Prosecutor's Office, for Respondent State of Washington.


GROSSE, J.

¶ 1 After Crawford v. Washington,1 testimonial hearsay is inadmissible unless the witness is unavailable and there was a prior opportunity to cross-examine with regard to the statement. A statement elicited in response to structured police questioning in the course of a police investigation as that involved here is testimonial. In contrast, the statements of an 11-year-old in response to the questions by her concerned...

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