Whether testimonial dying declarations violate the Confrontation Clause of the Sixth Amendment

QUESTION(S) PRESENTED FOR REVIEW I. WHETHER TESTIMONIAL DYING DECLARATIONS VIOLATE THE CONFRONTATION CLAUSE OF THE SIXTH AMENDMENT; AND, WHETHER PETITIONER'S CONSTITUTIONAL RIGHTS WERE VIOLATED? (A) WHETHER THE STATEMENTS MADE BY MR. ARCH WERE TESTIMONIAL? (B) WHETHER THE STATEMENTS ELICITED HAD A PREJUDICIAL EFFECT ON THE TRIAL? i