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Tuesday, August 22, 2006

Ind. Decisions - 7th Circuit issues one Indiana ruling today

In US v. Ellis (SD Ind., Richard L. Young, Judge), a 14-page opinion, Circuit Judge Kanne writes:

After being convicted at trial on three counts of illegal possession of firearms, Brian K. Ellis was sentenced as an armed career criminal to 300 months’ imprisonment. He now raises three issues on appeal, including one argument relying on the decision of Crawford v. Washington, 541 U.S. 36 (2004). We affirm. * * *

Having dealt with those issues, we are left with Ellis’s argument relying on Crawford attacking the admission of the medical records establishing the presence of methamphetamine in his system. * * *

We agree with these courts that the mere fact a person creating a business record (or other similar record) knows the record might be used for criminal prosecution does not by itself make that record testimonial. The Court’s recent decision in Davis [Davis v. Washington (2006)] (though we recognize the Court made no such pronouncement) supports this conclusion because we think it necessarily rejects a strict adherence to denominating as testimonial all statements made under circumstances where a reasonable person would know the statements might be used as evidence of a crime.

Posted by Marcia Oddi on August 22, 2006 07:17 PM
Posted to Ind. (7th Cir.) Decisions