Habeas, Confrontation Clause
Habeas denied for substantial evidence.
Habeas denied for confrontation clause challenge where judge paraphrased test as whether the statement would be used, as opposed to being available for use. Statement found to be not testimonial, since the victim was still upset from the incident and speaking to a family member.
http://media.ca1.uscourts.gov/pdf.opinions/14-2110P-01A.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.