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 The Confrontation Clause of the Sixth Amendment provides that '[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.' U.S. Const. amend. VI. The Confrontation Clause bars the admission of 'testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had a prior opportunity for cross-examination.' Crawford v. Washington, 541 U.S. 36, 53-54, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004). The Supreme Court has defined 'testimony' as '[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact.' Id. at 51 (alteration in original) (citation omitted). But 'the Confrontation Clause 'does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted.'' Williams v. Illinois, 567 U.S. 50, 132 S. Ct. 2221, 2235, 183 L. Ed. 2d 89 (quoting Crawford, 541 U.S. at 59-60 n.9). 'Police officers cannot, through their trial testimony, refer to the substance of statements given to them by nontestifying witnesses in the course of their investigation, when those statements inculpate the defendant. When the statement from ...

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