A forensic pathologist who performed an autopsy on a homicide victim was unavailable for trial. In her place, the State of Georgia offered testimony by a "peer review" pathologist who did not participate in the autopsy but testified as to the results based on her review of the autopsy report. Does the surrogate's oral recitation of testimonial hearsay from an unadmitted autopsy report violate the Confrontation Clause?

Whether testimony by a 'peer review' pathologist who did not perform the original autopsy violates the Confrontation Clause when the original pathologist is unavailable