STATE v. KIRKPATRICK

No. 77719-5.

161 P.3d 990 (2007)

STATE of Washington, Respondent, v. Nathan Michael KIRKPATRICK, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 12, 2007.


Attorney(s) appearing for the Case

Dana M. Lind, Nielsen Broman & Koch PLLC, Seattle, WA, for Petitioner.

Carla Barbieri Carlstrom, Catherine Marie McDowall, James Morrissey Whisman, King Co Prosecutor's Office, Seattle, WA, for Respondent.

Jerald R. Anderson, Attorney at Law, Atty General S Ofc., Olympia, WA, for Amicus Curiae on behalf of Washington State.


J.M. JOHNSON, J.

¶ 1 The Sixth Amendment to the United States Constitution provides defendant the right "to be confronted with the witnesses against him. . . ."1 Under this "Confrontation 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 Not all evidence is testimonial,...

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