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Magyari followed
In Ware v. State, the Alabama Supreme Court had this to say:
In answering this question in the negative, this Court finds persuasive the rational and holding in United States v. Magyari, 63 M.J. 123 (C.A.A.F. 2006). The decision in Magyari is not binding on this Court and has no precedential value because it is not an opinion of the Alabama Supreme Court. However, even though we are not relying on it for its precedential value, we agree with the analysis in Magyari addressing the issue whether evidence is testimonial in nature for purposes of the confrontation clause analysis and incorporate its language on that issue, quoted below, in this opinion, which will have precedential effect. We also acknowledge thatMagyari was decided before Melendez-Diaz.