Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

July 25, 2006

I put off writing anything about Crawford v. Washington for over a month, and now I can't shut up about it...

We discussed the decision last week, here and here, and I came across some additional stuff.  I mentioned a couple of months ago the statute which permits the state to introduce drug tests without the testimony of the chemist who performed them.  Even when "live" testimony for a test is given, it often happens that someone other than the person who actually performed the tests will testify, based upon the latter's notes.  And it's not uncommon for records of the calibration or other information concerning breathalyzers to come in under the business records exception to the hearsay rule.

Does any of this violate Crawford?  The 3rd District thought so last year, throwing out a conviction where the state sought to introduce DNA tests through someone other than the person who'd actually performed them.  The 6th District, though, came to a contrary conclusion, holding in a DWI case that documents establishing that the breathalyzer was properly calculated and that the officer performing the test was qualified to do so were properly admitted as business records.

The Ohio Supreme Court certified the conflict between the two cases, and will probably rule on it early next year.  Stay tuned.

Search

Recent Entries

  • February 23, 2018
    Marsy's Law -- Restitution
    How the Victim's Rights Amendment passed last November affects restitution
  • February 20, 2018
    What's Up in the 8th
    A search decision, more "policies," and why a seminar for muni court judges on taking pleas might be a good idea
  • February 14, 2018
    Two more to death row
    A couple of death penalty decisions from the Ohio Supreme Court
  • February 12, 2018
    En banc on sentencing
    The 8th looks at the appellate court's role in reviewing sentences
  • February 8, 2018
    SCOTUS and the Fourth
    A couple of upcoming Supreme Court decisions on search and seizure
  • February 5, 2018
    What's Up in the 8th
    The benefits of appealing muni court cases, lecture time, and when you absolutely, positively, cannot raise arguments about manifest weight and sufficiency
  • February 2, 2018
    Friday Roundup
    School specs and sovereign citizens
  • January 31, 2018
    A tale of three cases
    The Ohio Supreme Court decides one case, and decides not to decide two others
  • January 29, 2018
    What's Up in the 8th
    Getting rid of an attorney, no contest pleas, and probation conditions
  • January 26, 2018
    Friday Roundup
    Information society. Last week I did a post about Aaron Judge and the lack of hard data in the field of criminal law. We have mainly anecdotal information on what kinds of sentences judges hand down, we have no idea...