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White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Tag Archives: Bullcoming

Testimonial Business Records — Yet Another Category For Confrontation Clause Analysis?

Posted in Constitutional law

Ninth Circuit holds that government records of benefits eligibility were admissible without cross-examination under the Confrontation Clause because they were routine and “nontestimonial,” even though the records contained perjury warnings suggesting that they were intended at least in part to serve as trial evidence in any future fraud prosecution.

Concurring Opinion In Bullcoming Shows Ways Around Rigid Confrontation Clause Analysis

Posted in Constitutional law

The real action in June’s Supreme Court decision reaffirming the Confrontation Clause obligation of the government to offer lab reports only through the technician who conducted the test was in the concurrence; there, Justice Sotomayor sketched out several alternative pathways for a prosecutor lacking the necessary witness to still introduce the damning test results.