Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asserted and made by declarants the defendant was unable to cross examine where an appellate court, for the first time determines the statements are not hearsay?

QUESTIONS PRESENTED 1) Is a defendant's right to confrontation under the Sixth Amendment violated when testimonial statements are admitted for the truth of the matters asserted and made by declarants the defendant was unable to cross examine wher an appellate court, for the first time determines the statements are not hearsay? 2) Isa defendant’s right to confrontation under the Sixth Amendment violated when a testimonial statement that the defendant committed the crime charged is admitted into evidence for the truth of the matter asserted, and made by a declarant that the defendant was unable to cross examine, and if so can this Court determine that the State appellate court erred by describing the statement as cumulative and thus harmless error? 3) Is a defendant’s Sixth Amendment right to effective assistance of counsel violated when his trial counsel failed to object on hearsay and Confrontation Clause grounds to testimonial statements made by declarants the defendant was unable to cross examine when the State appellate court determines for the first time on appeal, that the statement was admitted for the effect on the listener even though no such limitation was provided by the trial court? i