People v. Richter

Defendant was convicted, after jury trial, of one count of first degree murder. Prior to trial, court granted portions of State's motion in limine and allowed admitted most statements the victim (Defendant's longtime girlfriend) had made to others about Defendant's threats that he would kill her if she movied into her own apartment as she was planning. Absent government involvement in eliciting or receiving an accusatory hearsay statement, that statement is not testimonial hearsay. When the existence or extent of government involvement is not clear, trial court should receive pertinent evidence and make appropriate findings of fact. (APPLETON, concurring; POPE, specially concurring.)