confrontation clause

Question 1

when out-of-court statement offered against D will be excluded

Answer 1

1) declarant is currently unavailable
2) D had no prior opportunity to cross the declarant about the statement at the time it was made
3) statement ist estimonial

Question 2

co-defendant statements

Answer 2

Confrontation Clause bars admission of an out-of-court statement by a non-testifying co-D if the statement expressly implicates another D