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Name: In re Fernando R.
Case #: H028851
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/01/2006
Subsequent History: 5/24/06 revw. granted: S142296

The juvenile court prejudicially violated the minor’s confrontation rights in admitting the victim’s statement to a police officer. The determination of whether the statement was testimonial for purposes of Crawford v. Washington (2004) 541 U.S. 36 in this case requires an analysis of whether it resulted from police interrogation, and here, the circumstances surrounding the interview suggested an interrogation. The questioning was more thorough and formal than is usual in a preliminary investigative interview, and thus the nature and extent of the interview suggest that the statement was the product of an interrogation.