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Thursday’s decision in Hemphill v. New York affirmed the requirement for cross-examination of testimonial statements offered at trial and rejected a state law exception to the rule. A jury convicted Darrell Hemphill of second-degree murder after a trial court admitted un-cross-examined testimonial statements from a third-party’s plea allocution. New York courts agreed the admission did not violate Crawford v. Washington, which interpreted the Sixth Amendment’s confrontation clause to require cross-examination of testimonial statements offered at trial. But in … Read the rest