Beyond this general definition, Justice Scalia noted three possible "formulations of this core class of "testimonial" statements: 1) "ex parte in-court testimony or its functional equivalent -- that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially"; 2) statements contained in… [read post]