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of statements that an objectively reasonable person, listening to the statements, would expect to be used in an investigation or prosecution.

Availability

If a statement is testimonial, the person making the statement must generally be available for cross examination. An exception to this rule is if the witness is unavailable. But even where the witness is unavailable, the defendant must have had a prior opportunity to confront the witness through cross examination.

A witness may be unavailable for a variety of reasons.

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