The Use of Prior Testimonial Statements During Trial Cross-Examination

In People v. Miles, 351 Ill. App. 3d 857, 815 N.E.2d 37, 286 Ill. Dec. 827 (2004) the Court noted that the United States Supreme Court's decision in Crawford v. Washington, 541 U.S. at 59, 158 L. Ed. 2d at 198, 124 S. Ct. at 1369, rendered the phrases "indicia of reliability" and "particularized guarantees of trustworthiness" irrelevant to confrontation-clause analysis. Miles, 351 Ill. App. 3d at 864, 815 N.E.2d at 43. The Court further noted that the Crawford Court held that when "'the declarant appears for cross-examination at trial, the confrontation clause places no constraints at all on the use of his prior testimonial statements.'" Miles, 351 Ill. App. 3d at 864, 815 N.E.2d at 44, quoting Crawford, 541 U.S. at 59 n.9, 158 L. Ed. 2d at 198 n.9, 124 S. Ct. at 1369 n.9.