Even though pharmacies kept logs identifying purchases of pseudoephedrine — widely used in illegal methamphetamine production — solely to comply with federal law mandating the recordation of the infomation for law enforcement purposes, those logs were held by the Fifth Circuit to be genuine business records, and so admissible at the instigation of the government without observance of Confrontation Clause safeguards.
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.
Since the seismic shift in Confrontation Clause jurisprudence effected by Crawford v. Washington, 541 U.S. 36 (2004), lower courts have struggled to define precisely which "testimonial statements" are now excluded from evidence unless the government can show both that the declarant is unavailable to testify at trial and there was a prior opportunity for cross-examination… Continue Reading
In three recent decisions, the New Jersey Supreme Court considered and applied the parameters of the United States Supreme Court case of Crawford v. Washington, 541 U.S. 36 (2004) to similar, but distinct questions of evidence admissibility. In Crawford, the Court held that under the Confrontation Clause of the Sixth Amendment, “[t]estimonial statements of witnesses… Continue Reading