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· 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 CourtListener

Sourced 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.