1) Is a defendant's right to confrontation under the Sixth
Amendment violated when testimonial statements are
admitted for the truth of the matters asserted and made by
declarants the defendant was unable to cross examine wher
an appellate court, for the first time determines the
statements are not hearsay?

2) Isa defendant's right to confrontation under the Sixth
Amendment violated when a testimonial statement that the
defendant committed the crime charged is admitted into
evidence for the truth of the matter asserted, and made by a
declarant that the defendant was unable to cross examine,
and if so can this Court determine that the State appellate
court erred by describing the statement as cumulative and
thus harmless error?

3) Is a defendant's Sixth Amendment right to effective
assistance of counsel violated when his trial counsel failed to
object on hearsay and Confrontation Clause grounds to
testimonial statements made by declarants the defendant
was unable to cross examine when the State appellate court
determines for the first time on appeal, that the statement
was admitted for the effect on the listener even though no
such limitation was provided by the trial court?

Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asserted and made by declarants the defendant was unable to cross examine where an appellate court, for the first time determines the statements are not hearsay?