Under Giles v., California can a State constitutionally introduce a murder victim's out. of court statements to others about defendant's abuse/ pursuant to an "inferred intent" to secure the witness's unavailability under the "forfeiture by wrong doing" exception when there is no evidence of any proceeding that she was going to, or would have been, called as a witness to testify in?

Whether the lower court erred in dismissing petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted