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People v. Garcia.

2021 CO 7. No. 19SC548. Confrontation Clause—Sixth Amendment—Testimonial Hearsay.

February 1, 2021

In this opinion, the Supreme Court reviewed the district court’s finding that a return of service document was inadmissible testimonial hearsay under the Sixth Amendment’s Confrontation Clause. Applying the “primary purpose” test provided by the Supreme Court for determining whether a statement is testimonial for Confrontation Clause purposes, the Court concluded that a court must examine the statement’s primary purpose when it is made, not its primary purpose when it is introduced at trial. And, at the time of its making, the primary purpose of the return of service document in this case was administrative, not prosecutorial. Therefore, the district court’s judgment was reversed.

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