This paper argues that in the wake of Crawford, Davis, and Bryant, trial courts need a workable definition of "ongoing emergency," as well as a test that can be applied in assessing the admissibility of statements made under such circumstances. The paper first offers a definition for "ongoing emergency". It then offers a totality-of-the-circumstances test that can be applied in determining if a declarant's statement occurs during the course of an ongoing emergency.
Sloan A. Heffron,
Resuscitating Roberts - How Courts Should Construe the Emergency Exception to the Sixth Amendment's Confrontation Clause,
39 Hastings Const. L.Q. 861
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol39/iss4/3