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Crawford, 541 U.S. at 56, n.6. The Crawford decision specifically discusses the dying declaration hearsay exception, as it is the sole historical instance where testimonial hearsay statements were admitted against the accused without confrontation. “Although many dying declarations may not be testimonial, there is authority for admitting even those that clearly are.” Id.
“We need not decide in this case whether the Sixth Amendment incorporates an exception for testimonial dying declarations. If this exception must be accepted on historical grounds, it is sui generis.” Id.
People v. Monterroso, 22 Cal.Rptr.3d 1 (Cal. 2004). Adopts the reasoning outlined above.
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