Michael H. Graham (University of Miami – School of Law) has posted Confrontation Clause: Williams Creates ‘Significant Confusion’ Prompting California Avoidance; Bryant’s Dual Perspective Primary Purpose Approach; 2013 Application Summary (Criminal Law Bulletin, Vol. 49, No. 6, p.1533 (2013)) on SSRN.

Here is the abstract:

Confrontation clause analysis took still one more step backward with the United States Supreme Court decision in Williams v. Illinois — U.S. — 132 S.Ct. 2221, 183 L.Ed.2d 89 (2012). In Williams, a four justice plurality, with really only three of the four justices aligning principally with an “accusing a targeted individual of engaging in criminal activity” definition of testimonial, combined with a concurrence by Justice Thomas described by Justice Kagan dissenting as adopted by no other member of the Member of the Court. Justice Kagan also said of Justice Thomas’s concurrence that it is “ — to be frank — who knows what” “formality and solemnity” approach. Combined the Williams opinions “have left significant confusion in their wake”. Id. at 2277 (emphasis added).