The Sixth Circuit en banc has an interesting decision on when victim statements become "testimonial" as the incident progresses from a 911 call, the officers' arrival on the scene, the suspect's appearance at the scene, and further statements after that point. Judge Sutton, writing for the majority, holds that none of the statements are testimonial within the meaning of Crawford v. Washington, 541 U.S. 36 (2004). Judges Griffin and Cole concur in part and dissent in part, drawing the line between the victim's spontaneous exclamation upon the suspect's return and her further statements to police. The four dissenters would hold that all the statements are testimonial, even the 911 call made by the victim who had just left the house where she was assaulted with a gun and was just around the corner. The call is not testimonial, says Judge Moore, because the victim used past tense verbs and was not sufficiently chaotic. She displays an exceedingly narrow view of what constitutes an emergency.