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Hastings Constitutional Law Quarterly

Abstract

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.

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