[DOWNLOAD] "In Re Niky R." by In the Court of Appeals State of Arizona Division One Department C ~ Book PDF Kindle ePub Free
eBook details
- Title: In Re Niky R.
- Author : In the Court of Appeals State of Arizona Division One Department C
- Release Date : January 12, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1 The state appeals from the superior courts ruling in a special action in which the court concluded that maintenance and calibration records for an Intoxilyzer 5000 breath-testing machine are testimonial in nature under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354 (2004). Based on that conclusion, the court ruled those records are inadmissible in the underlying criminal case against appellee Kyle Bohsancurt unless he has an opportunity to confront and cross-examine the author of the records. We hold that the records do not fall within the purview of Crawford and are admissible under the public records and business records exceptions to the hearsay rule. Therefore, we reverse the superior courts ruling and remand the case for further proceedings.
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