41 Hastings Const. L.Q. [i] (2013-2014)

handle is hein.journals/hascq41 and id is 1 raw text is: HASTINGS CONSTITUTIONAL LAW QUARTERLY
VOLUME 41                   FALL 2013                   NUMBER 1
Table of Contents
ARTICLES
THE    MUDDLED      STATE:    CALIFORNIA'S    APPLICATION     OF
CONFRONTATION CLAUSE JURISPRUDENCE IN PEOPLE V. DUNGO AND
PEOPLE V. LOPEZ
by Mark K. Hanasono                        ..................1..... ................1
Crawford v. Washington revitalized the Confrontation Clause by
addressing the admissibility of testimonial hearsay by declarants whom
defendants never previously had the opportunity to cross-examine. Courts
continue to review Confrontation Clause challenges in a variety of
contexts. How should courts determine the admissibility of forensic
analyses introduced through witnesses who were not personally involved
with them?
Most recently in California, the state supreme court decided People v.
Dungo and People v. Lopez, limiting Confrontation Clause protection to
testimonial hearsay statements contained in forensic analyses, which were
made (1) with formality, and (2) for the primary purpose of criminal
prosecution. As one of the first critical examinations of these two new
cases, this article suggests that the California Supreme Court has
overemphasized the requirement of a statement's formality and failed to
adhere to United States Supreme Court precedent, as well as its own prior
precedent.
Part of the problem stems from the California Supreme Court's
reliance on the Supreme Court's approach in its recent case of Williams v.
Illinois, which offered little guidance for courts to follow. This article
argues that Supreme Court precedent focuses on a statement's primary
purpose in determining its admissibility, and calls for the need to safeguard
the right of confrontation against the use of surrogate witnesses in the
introduction of forensic evidence.

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