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

Tag Archives: FRE 902

Ninth Circuit Holds That Foreign Records Certificate Of Authentication May Be Admitted Without Violating Confrontation Clause

Posted in Constitutional law

In United States v. Anekwu, the Ninth Circuit, in a case of first impression, holds that certificates of authentication of foreign public and business records are not testimonial in nature and therefore may be admitted into evidence by means of an affidavit, and without in-person witness testimony, without violating a defendant’s rights under the U.S. Constitution’s Sixth Amendment Confrontation Clause.