Professor Friedman has a quick note on a petition filed at the Supremes in Racz v. California.
The petition ably shows that there is a sharp conflict of authority on the question of whether a statement can be deemed testimonial even though it was not made to governmental authorities. Regular readers of this blog will know that I believe the answer to that question should be affirmative. This is an important issue that the Supreme Court should resolve soon; whether this case is a good vehicle for that purpose, I do not know. (Emphasis added.)
People v. Racz, No. BA320288, August 30, 2010 (Ca.. App. 2010)(unpub.). It appears a petition for review at the California Supreme Court was denied on 15 December 2010.