STATE v. GARCIA

No. COA05-127.

621 S.E.2d 292 (2005)

STATE of North Carolina v. Gilbert GARCIA, Defendant.

Court of Appeals of North Carolina.

November 15, 2005.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General T. Lane Mallonee, Jr., for the State.

Daniel F. Read, Durham, for defendant-appellant.


WYNN, Judge.

The Confrontation Clause bars the admission of out-of-court testimonial statements unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant. Crawford v. Washington, 541 U.S. 36, 68, 124 S.Ct. 1354, 1374, 158 L.Ed.2d 177, 203 (2004). In this case, Defendant contends the admission of the co-defendant's written confession...

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