CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Confrontation
.........Criminal-State Cases
............Overview
5 Cards On This Topic:

Federal and state confrontation rights are not coextensive.

As neither C nor his teachers had the primary purpose of assisting in D's prosecution, unavailable C's out-of-court stmts to teachers re D's abuse did not implicate the Confrontation Clause and were admissible at trial.

Given all circumstances, no error in admitting Wife/co-D's stmts to psychologist that D withheld food from emaciated 5-yr.-old V as punishment, that D was abusive, considered V's seizures to be tantrums, and wanted to shoot and kill V.

Right of confrontation only applies to witnesses who testify against D.

Where witness is available at trial for cross-examination, principal danger of admitting hearsay evidence is not present and right of confrontation is not violated.