· 8/22/2006
United States v. Brian K. Ellis
Citations
- 460 F.3d 920
- 2006 U.S. App. LEXIS 21417
- 2006 WL 2407908
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to be “testimonial,” it is necessary—but sometimes not sufficient—for a statement to have been made by a de-clarant who reasonably expected “that it would be used for later prosecution”
- holding that medical records establishing presence of methamphetamine in defendant’s system were nontestimonial business records, and thus admission of medical records did not violate defendant’s right to confront witnesses
- recognizing that statements embodied in business records are nontestimonial
- finding that medical records, and the accompanying certificates that attested to the records’ authenticity, were non-testimonial and their admission did not violate Crawford
- “Given the records themselves do not fall within the constitutional guarantee provided by the Confrontation Clause, it would be odd to hold that the foundational evidence authenticating the records do.”
- describing Rule 902(11) certificates as “foundational evidence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Kanne, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.