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STATE v. KRONICH

No. 78428-1.

161 P.3d 982 (2007)

STATE of Washington, Respondent, v. Kyle Keith KRONICH, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 12, 2007.

Attorney(s) appearing for the Case

Tracy Arlene Staab, Federal Public Defenders, Spokane, for Petitioner.

Brian Clayton O'Brien, Kevin Michael Korsmo, Spokane County Prosecuting Attorney, for Respondent.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, for Amicus Curiae-Washington Association of Criminal Defense Lawyers.

Magda Rona Baker, Washington Defender Association, Seattle, for Amicus Curiae-Washington Defender Association.

Jerald R. Anderson, Attorney General's Office, Olympia, for Amicus Curiae-Washington State.

J.M. JOHNSON, J.

¶ 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 declarant by the accused."2 The United States Supreme Court...

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