In re the Personal Restraint of Hacheney

Penoyar, J.

¶44 (concurring) — I write separately only in relation to our dicta on the confrontation clause. I agree with the majority’s conclusion that exactly what is “testimonial” is far from clear, and I find the majority’s discussion of how that issue might be clarified to be very insightful and persuasive. But, in recent years, I have been surprised enough by developments in this area of the law that I am not comfortable saying where this boat might be headed.