Bar Exam Uniform Quiz
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In a domestic violence trial, the victim initially gave a detailed statement to police at the station, an hour after the incident, describing the assault. Later, the victim told a friend, "I am terrified of the defendant and I'm only testifying because I have to." Before trial, the victim recanted the police report and now refuses to testify against the defendant, despite a grant of immunity. The prosecution wants to call the friend to testify about the victim's statement expressing fear.
Assuming the victim is legally unavailable, is the friend's testimony about the victim's statement of fear admissible over a Confrontation Clause objection? Select one.
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